20051263 Ver 1_COMPLETE FILE_20060306

W W AMichael F. Easley, Governor
William G. Ross Jr., Secretary
?O G North Carolina Department of Environment and Natural Resources
-
Alan W. Klimek, P.E., Director
r Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
April 26, 2006
Mr. Michael J. Rokoski, Member/Manager
Woodlake Investments, LLC
PO Box 1328
Wrightsville Beach, NC 28428
Subject: General 401 Water Quality Certification #3402
Woodlake at Lords Creek
DWQ Project #050872 --> DS- 1 tz -5
New Hanover County
Dear Mr. Rokoski:
The Wilmington Regional Office received your revised Pre Construction Notification application for a
US Army Corps of Engineers (USACE) Nationwide 18 Permit on March 17, 2006. The wetland impacts
proposed are for the purpose of constructing a residential subdivision. You are authorized to fill 0.096
acres of Section 404 Wetlands under General Water Quality Certification (WQC) # 3402 (attached). This
Certification allows you to use a Nationwide 18 Permit when the USACE issues it. Written concurrence
from the Division of Water Quality (DWQ) is not required provided that you can meet all of the
conditions of the General Water Quality Certification.
If at anytime during construction of your project you determine that you cannot meet these conditions or
if there are any additional impacts to wetlands or water quality not described in your application, you
must contact this office immediately.
If you have any questions concerning this matter, please do not hesitate to call me at (910)-395-3900.
Sincerely,, ``
, A? Z;6?
Noelle Lutheran
Environmental Specialist III
Attachments: WQC #3402
cc: Dana Lutheran, Southern Environmental Group Inc.
Cyndi Karoly, 401 Oversight Unit
Jennifer Frye, USACE Wilmington
Beth Wetherill, New Hanover County Engineering i
Noelle Lutheran, DWQ WiRO (File copy)
N. C. Division of Water Quality 127 Cardinal Drive Extension [phone] Customer Service
Wilmington Regional Office Wilmington, NC 28405 [phone] Fax [phone]
One
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper NorthCarolina
Naturallrf
WQC #3402
GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE
FOR CORPS OF ENGINEERS NATIONWIDE PERMIT NUMBERS 18 (MINOR DISCHARGES)
39 (RESIDENTIAL, COMMERCIAL AND INSTITUTIONAL DEVELOPMENTS),
41 (RESHAPING EXISTING DRAINAGE DITCHES), 42 (RECREATIONAL FACILITIES),
43 (STORMWATER MANAGEMENT FACILITIES) AND 44 (MINING ACTIVITIES),
AND RIPARIAN AREA PROTECTION RULES (BUFFER RULES)
This General Certification is issued in conformity with the requirements of Section 401,
Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of
Water Quality (DWQ) Regulations in 15A NCAC 2H, Section .0500 and 15A NCAC 2B .0200 for
the discharge of fill material to waters and adjacent wetland areas or to wetland areas that are not
a part of the surface tributary system to interstate waters or navigable waters of the United States
(i.e., isolated wetlands) as described in 33 CFR 330 Appendix A (B) (18, 39, 41, 42, 43 and 44) of
the Corps of Engineers regulations (i.e., Nationwide Permit No. 39) and for the Riparian Area
Protection Rules (Buffer Rules) in 15A NCAC 2B .0200. This Certification replaces Water Quality
Certification Numbers 3106 and 3108 issued on February 11, 1997, and Water Quality
Certification Number 3287 issued on June 1, 2000 and Water Quality Certification Number 3362
issued March 18, 2002. This WQC is rescinded when the Corps of Engineers re-authorizes
Nationwide Permits 18, 39, 41, 42, 43 or 44 or when deemed appropriate by the Director of DWQ.
The State of North Carolina certifies that the specified category of activity will not violate
applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95-217
if conducted in accordance with the conditions hereinafter set forth.
Conditions of Certification:
1. Enumerating and Reporting of Impacts:
• Streams - Impacts to streams as determined by the Division of Water Quality shall be
measured as length of the centerline of the normal flow channel. Permanent and/or
temporary stream impacts shall be enumerated on the entire project for all impacts
regardless of which 404 Nationwide Permits are used. Stream relocations and
stream bed and/or bank hardening are considered to be permanent stream impacts.
Any activity that results in a loss of use of stream functions including but not limited to
filling, relocating, flooding, excavation, dredging and complete shading shall be
considered stream impacts. Enumeration of impacts to streams shall include streams
enclosed by bottomless culverts, bottomless arches or other spanning structures
when a 404 Permit is used anywhere in a project unless the entire structure
(including construction impacts) spans the entire bed and both banks of the stream,
is only used for a road, driveway or path crossing, and is not mitered to follow the
stream pattern. Impacts for dam footprints and flooding will count toward the
threshold for stream impacts, but flooding upstream of the dam will not (as long as no
filling, excavation, relocation or other modification of the existing stream dimension,
pattern or profile occurs) count towards mitigation requirements. Any filling,
excavation, relocation or other modification of the existing stream (other than
flooding) must re-establish the same dimensions, patterns and profiles of the existing
channel (or those of a stable reference reach if the existing channel is unstable) to
the maximum extent practical.
• Wetlands - Impacts to wetlands as determined by the Division of Water Quality shall
be measured as area. Permanent and/or temporary wetland impacts shall be
enumerated on the entire project for all impacts regardless of which 404 Nationwide
Permits are used. Any activity that results in a loss of use of wetland functions
including but not limited to filling, excavating, draining, and flooding shall be
considered wetland impacts. Enumeration of impacts to wetlands shall include
activities that change the hydrology of a wetland when a 404 Permit is used
anywhere in a project.
WQC #3402
• Lakes and Ponds - Impacts to waters other than streams and wetlands as
determined by the Division of Water Quality shall be measured as area. Permanent
and/or temporary water impacts shall be enumerated on the entire project for all
impacts proposed regardless of which 404 Nationwide Permits are used. Any activity
that results in a loss of use of aquatic functions including but not limited to filling and
dredging shall be considered waters impacts.
Application Thresholds - Stream, wetland and water impacts that exceed any of the
thresholds below require a complete application and written concurrence to use this
Certification:
• Total stream impacts of greater or equal to 150 cumulative feet of stream length for
the entire project require written notification to and approval by the Division of Water
Quality, and/or
• Impacts to waters of equal to or greater than 1/3 of an acre require written notification
to and approval by the Division of Water Quality, and/or
• Wetland impacts of greater or equal to 1/3 of an acre east of 1-95 and 1/10 of an acre
west of 1-95 require written notification to and approval by the Division of Water
Quality except as specified below. Any impacts to wetlands adjacent to waters
designated as ORW, SA, WS-I, WS-II or Trout or are designated as a North Carolina
or National Wild and Scenic River and wetlands classified as SWL and/or UWL as
well as wetlands described in 15A NCAC 2H .0506 (e) require a complete application
and written concurrence from the Division of Water Quality to use this Certification.
These thresholds apply for the entire project regardless of the number of Nationwide
Permits applicable to the Certification that are issued by the USACE for the project;
• Written notification to DWQ is required for all applications that propose to use
Nationwide Permit 18. This notification requirement will be satisfied by providing two
(2) copies of the PCN form to DWQ at the same time that the PCN form is sent to the
US Army Corps of Engineers. A formal application and fee is not required unless
DWQ decides that an Individual Certification will be required for the project. In this
case, the applicant will be notified in writing from DWQ within 30 days of the receipt
of the written notification.
• Proposed fill or substantial modification of any amount of wetlands classified in
accordance with 15A NCAC 2B .0101(e)(7) as Unique Wetlands (UWL) shall require
written concurrence from the Division of Water Quality;
2. Impacts to any stream length in the Neuse, Tar-Pamlico or Randleman River Basins (or
any other major river basins with Riparian Area Protection Rules [Buffer Rules] in effect at
the time of application) requires written concurrence for this Certification from DWQ in
accordance with 15A NCAC 26.0200. Activities listed as "exempt" from these rules do not
need to apply for written concurrence under this Certification. New development activities
located in the protected 50-foot wide riparian areas (whether jurisdictional wetlands or not)
within the Neuse and Tar-Pamlico River Basins shall be limited to "uses" identified within
and constructed in accordance with 15A NCAC 2B .0200. All new development shall be
located, designed, constructed, and maintained to have minimal disturbance to protect
water quality to the maximum extent practicable through the use of best management
practices;
3. Irrespective of other application thresholds in this General Certification, all impacts to
perennial waters and their associated buffers require written approval from DWQ since
such impacts are allowable as provided in 15A NCAC 2B. 0212 (WS-1), 2B.0213 (WS-11),
2B .0214 (WS-III) and 2B .0215 (WS-IV). Only water dependent activities, public projects
and structures with diminimus increases in impervious surfaces will be allowed as outlined
in those rules. All other activities require a variance from the delegated local government
and/or the NC Environmental Management Commission before the 401 Water Quality
Certification can be processed. In addition, a 30 foot wide vegetative buffer for low
density development or a 100 foot wide vegetative buffer for high density development
WQC #3402
must be maintained adjacent to all perennial waters except for allowances as provided
under the Water Supply Watershed Protection Rules. For the purposes of this condition,
perennial waters are defined as those shown as perennial waters on the most recent
USGS 1:24,000 topographic map or as otherwise determined by local government
studies;
4. Additional site-specific stormwater management requirements may be added to this
Certification at DWQ's discretion on a case by case basis for projects that have or are
anticipated to have impervious cover of greater than 30 percent. Site-specific stormwater
management shall be designed to remove 85% TSS according to the latest version of
DWQ's Stormwater Best Management Practices manual at a minimum.
Additionally, in watersheds within one mile and draining to 303(d) listed waters, as well as
watersheds that are classified as nutrient sensitive waters (NSW), water supply waters
(WS), trout waters Jr), high quality waters (HOW), and outstanding resource waters
(ORW), the Division shall require that extended detention wetlands, bio-retention areas,
and ponds followed by forested filter strips (designed according to latest version of the NC
DENR Stormwater Best Management Practices Manual) be constructed as part of the
stormwater management plan when a site-specific stormwater management plan is
required.
For streams classified as Water Supply, High Quality Waters and Outstanding Resource
Waters, post-construction, on-site stormwater management shall be required as
appropriate and as outlined in 15A NCAC 2B .0104(m) and 2H .1000 to .1007,
respectively, in addition to that required in this General Certification.
Alternative designs may be requested by the applicant and will be reviewed on a case-by-
case basis by the Division of Water Quality.
Approval of stormwater management plans by the Division of Water Quality's other
existing state stormwater programs including appropriate local programs are sufficient to
satisfy this Condition as long as the stormwater management plans meet or exceed the
design requirements specified in this condition. This condition applies unless more
stringent requirements are in effect from other state water quality programs.
• Unless specified otherwise in the approval letter, the final, written stormwater
management plan shall be approved in writing by the Division of Water Quality's
Wetlands Unit before the impacts specified in this Certification occur.
• The facilities must be designed to treat the runoff from the entire project, unless
otherwise explicitly approved by the Division of Water Quality.
• Also, before any permanent building or other structure is occupied at the subject site,
the facilities (as approved by the Wetlands Unit) shall be constructed and operational,
and the stormwater management plan (as approved by the Wetlands Unit) shall be
implemented.
• The structural stormwater practices as approved by the Wetlands Unit as well as
drainage patterns must be maintained in perpetuity.
• No changes to the structural stormwater practices shall be made without written
authorization from the Division of Water Quality.
5. Compensatory stream mitigation shall be required at a 1:1 ratio for not only perennial but
also intermittent stream impacts that require application to DWQ in watersheds classified
as ORW, HOW, Tr, WS-1 and WS-11 unless the project is a linear, publicly-funded
transportation project, which has a 150-foot per-stream impact allowance;
6. In accordance with North Carolina General Statute Section 143-215.3D(e), any
application for a 401 Water Quality Certification must include the appropriate fee. If a
WQC #3402
project also requires a CAMA Permit, one payment to both agencies shall be submitted
and will be the higher of the two fees;
In accordance with 15A NCAC 2H .0506 (h) compensatory mitigation may be
required for impacts to 150 linear feet or more of streams and/or one acre or more of
wetlands for an entire project. For linear public transportation projects, impacts equal to
or exceeding 150 feet per stream may require mitigation. In addition, buffer mitigation
may be required for any project with Riparian Area Protection Rules (Buffer Rules) in
effect at the time of application for buffer impacts resulting from activities classified as
"allowable with mitigation" within the "Table of Uses" section of the Buffer Rules or require
a variance under the Buffer Rules. A determination of buffer, wetland and stream
mitigation requirements shall be made for any Certification for this Nationwide Permit.
The most current design and monitoring protocols from DWQ shall be followed and written
plans submitted for DWQ approval as required in those protocols. When compensatory
mitigation is required for a project, the mitigation plans must be approved by DWQ in
writing before the impacts approved by the Certification occur, unless otherwise specified
in the approval letter. The mitigation plan must be implemented and/or constructed before
any permanent building or structure on site is occupied. In the case of public road
projects, the mitigation plan must be implemented before the road is opened to the
travelling public. Please note that if a stream relocation is conducted as a stream
restoration as defined in The Internal Technical Guide for Stream Work in North Carolina,
April 2001, the restored length can be used as compensatory mitigation for the impacts
resulting from the relocation;
For any project involving re-alignment of streams, a stream relocation plan must be
included with the 401 application for written DWQ approval. Relocated stream designs
should include the same dimensions, patterns and profiles as the existing channel (or a
stable reference reach if the existing channel is unstable), to the maximum extent
practical. The new channel should be constructed in the dry and water shall not be turned
into the new channel until the banks are stabilized. Vegetation used for bank stabilization
shall be limited to native woody species, and should include establishment of a 30 foot
wide wooded and an adjacent 20 foot wide vegetated buffer on both sides of the relocated
channel to the maximum extent practical. A transitional phase incorporating coir fiber and
seedling establishment is allowable. Also, rip-rap, A-Jacks, concrete, gabions or other
hard structures may be allowed if it is necessary to maintain the physical integrity of the
stream, but the applicant must provide written justification and any calculations used to
determine the extent of rip-rap coverage requested. If suitable stream mitigation is not
practical on-site, then stream impact will need to be mitigated elsewhere. Please note
that if a stream relocation is conducted as a stream restoration as defined in The Internal
Technical Guide for Stream Work in North Carolina , April 2001, the restored length can
be used as compensatory mitigation for the impacts resulting from the relocation;
9. Placement of culverts and other structures in waters, streams, and wetlands must be
placed below the elevation of the streambed to allow low flow passage of water and
aquatic life unless it can be shown to DWQ that providing passage would be impractical.
Design and placement of culverts including open bottom or bottomless arch culverts and
other structures including temporary erosion control measures shall not be conducted in a
manner that may result in aggradation, degradation or significant changes in hydrology of
wetlands or stream beds or banks, adjacent to or upstream and down stream of the above
structures. The applicant is required to provide evidence that the equilibrium shall be
maintained if requested to do so in writing by DWQ. Additionally, when roadways,
causeways or other fill projects are constructed across FEMA-designated floodways or
wetlands, openings such as culverts or bridges must be provided to maintain the natural
hydrology of the system as well as prevent constriction of the floodway that may result in
aggradation, degradation or significant changes in hydrology of streams or wetlands;
WQC #3402
10. That appropriate sediment and erosion control practices which equal or exceed those
outlined in the most recent version of the "North Carolina Sediment and Erosion Control
Planning and Design Manual" or the "North Carolina Surface Mining Manual" whichever is
more appropriate (available from the Division of Land Resources (DLR) in the DENR
Regional or Central Offices) shall be in full compliance with all specifications governing
the proper design, installation and operation and maintenance of such Best Management
Practices in order to assure compliance with the appropriate turbidity water quality
standard;
11. All sediment and erosion control measures placed in wetlands and waters shall be
removed and the original grade restored within two months after the Division of Land
Resources has released the project;
12. That additional site-specific conditions may be added to projects proposed under this
Certification in order to ensure compliance with all applicable water quality and effluent
standards;
13. Measures shall be taken to prevent live or fresh concrete from coming into contact
with waters of the state until the concrete has hardened;
14. If an environmental document is required, this Certification is not valid until a Finding of
No Significant Impact (FONSI) or Record of Decision (ROD) is issued by the State
Clearinghouse;
15. If this Certification is used to access building sites, all lots owned by the applicant must be
buildable without additional fill beyond that explicitly allowed under other General
Certifications. The applicant is required to provide evidence that the lots are buildable
without requiring additional impacts to wetlands, waters or buffers if required to do so in
writing by DWQ. For road construction purposes, this Certification shall only be utilized
from natural high ground to natural high ground;
16. Deed notifications or similar mechanisms shall be placed on all lots with remaining
jurisdictional wetlands and waters or areas within 50 feet of all streams and ponds. These
mechanisms shall be put in place within 30 days of the date of issuance of the 401
Certification letter or the issuance of the 404 Permit (whichever is later). A sample deed
notification format can be downloaded from the 401/Wetlands Unit web site at
http://h2o.enr.state.nc.us/ncwetlands . DWQ shall be sent copies of all deed restrictions
applied to these lots;
17. When written concurrence is required, the applicant is required to use the most recent
version of the Certification of Completion form to notify DWQ when all work included in the
401 Certification has been completed;
18. Concurrence from DWQ that this Certification applies to an individual project shall expire
three years from the date of the cover letter from DWQ or on the same day as the
expiration date of the corresponding Nationwide Permit 18, 39, 41, 42, 43 or 44,
whichever is sooner.
WQC #3402
Non-compliance with or violation of the conditions herein set forth by a specific fill project
may result in revocation of this Certification for the project and may also result in criminal and/or
civil penalties.
The Director of the North Carolina Division of Water Quality may require submission of a
formal application for Individual Certification for any project in this category of activity that
requires written concurrence under this certification, if it is determined that the project is likely to
have a significant adverse effect upon water quality or degrade the waters so that existing uses of
the wetland or downstream waters are precluded.
Public hearings may be held for specific applications or group of applications prior to a
Certification decision if deemed in the public's best interest by the Director of the North Carolina
Division of Water Quality.
Effective date: March 2003
DIVISION OF WATER QUALITY
By
Alan W. Klimek, P.E.
Director
WQC # 3402
Woodlake @ Lords Creek 401 Approval Ltr
Subject: Woodlake @ Lords Creek 401 Approval Ltr
From: Laurie Dennison <[e-mail]>
Date: Wed, 03 May 2006 07:55:26 -0400
To: Noelle Lutheran <[e-mail]>
Incorrect DWQ # on 4/26/06 approval letter
Letter shows 05-0872
Correct # is 05-1263
Laurie
I of 1 5/3/2006 7:55 AM
Triage Check List
Date: 3/20/06 Project Name: Woodlake At Lords Creek
DWQ#: 05-1263, Ver. 2
County: New Hanover
To: Noelle Lutheran, Wilmington Regional Office
60-Day processing time: 3/17/06 to 5/15/06
From: Cyndi Karoly Telephone: [phone]
The file attached is being forwarded to you for your evaluation.
Please call if you need assistance.
? Stream length impacted
? Stream determination
Wetland determination and distance to blue-line surface waters on USFW topo maps
? Minimization/avoidance issues
? Buffer Rules (Neuse, Tar-Pamlico, Catawba, Randleman)
? Pond fill
Mitigation Ratios
? Ditching
? Are the stream and or wetland mitigation sites available and viable?
? Check drawings for accuracy
? Is the application consistent with pre-application meetings?
? Cumulative impact concern
Comments: As per our discussion regarding revision of the triage and delegation processes,
please review the attached file. Note that you are the first reviewer, so this file will need to be
reviewed for administrative as well as technical details. If you elect to place this project on hold,
please ask the applicant to provide your requested information to both the Central Office in
Raleigh as well as the Asheville Regional Office. As we discussed, this is an experimental, interim
procedure as we slowly transition to electronic applications. Please apprise me of any
complications you encounter, whether related to workload, processing times, or lack of a "second
reviewer" as the triage process in Central had previously provided. Also, if you think of ways to
improve this process, especially so that we can plan for the electronic applications, let me know.
Thanks!
-, Soutkern Environmental Cjrou , Inc.
Environmental, Development & Conservation Advisors
Transmittal 5lleet
Date: March 16, 2006
To: Mr. Ian McMillan
Of. 401 Oversight/Express Review Permitting Unit
?9@99wffll
MAR 1 7 2006
" M g I"
Re: Additional Copies of Woodlake
? Urgent O For your review / records ? Please comment
? Please reply / call ? Complete and return
Comment(s):
Mr. McMillan:
Attached are the 5 additional copies of the Woodlake package that you requested. Included are:
• Letter of Agency signed by Woodlake Investments, LLC
• Revised PCN
• Additional information regarding impacts associated with the development
• Revised site plan
• Zooms and cross-sections of impact areas
• Conservation Declaration (included with 404 NWP 18 signed by Ms. Jennifer Frye & Conservation Maps)
• 401 Water Quality Certification
I believe this should be all you need in order to process the application. Should you need anything further from
this office, please do not hesitate to contact us at 910.452.2711.
Thank you, ,?/
--A ?G yxol_a_ (J(• V_d1J
5E-G1
From the desk of:
Amanda L. Kolb
5517 50ut6C011eve Road 910.452.2711 (office)
1?uite r* 910.452.2899 (?ax?
I
Wilmington, North (_,arolina 2,11 12 9 10.228.1 840 (mo6ilc)
www.sc'g Is amanda@se ims
NOTICE
This message is intended only for the use of the individual or entity to which it is addressed. This document may contain information that
is privileged, confidential, and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient or
the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination,
distribution, or copying of this document or the information contained within this document is strictly prohibited. If you have received this
communication in error, please notify us immediately by telephone and/or e-mail and then destroy the original communication in an
effective shredder or return the original communication to us at the above address.
Please call if the communication is illegible or incomplete.
D @@R0Wq y
D
MAR 1 7 2006
Office Use Only: Form Version MaS'gbk M_D W'ATER T IER?rr &MW
USACE Action ID No. DWQ No. >
(if any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
Processing
Check all of the approval(s) requested for this project:
?X Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
N 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NWP 18
If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: N
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete
section VIII and check here: ?
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4),
and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ?
II. Applicant Information
1. Owner/Applicant Information
Name: Woodlake Investments, LLC
Mailing Address: PO Box 1328
Wrightsville Beach, NC 28480
Telephone Number: 910.279.6359 Fax Number: Not Applicable
E-mail Address: Not Applicable
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Dana Lutheran
Company Affiliation: Southern Environmental Group, Inc.
Mailing Address: 5315 South College Road, Suite E
Wilmington, North Carolina 28412
Telephone Number: 910.452.2711 Fax Number: 910.452.2899
E-mail Address: dlutheranIksegi.us
Page] of 8
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings
rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a
small scale such that the final version is illegible, the applicant will be informed that the project
has been placed on hold until decipherable maps are provided.
I. Name of project: Woodlake at Lords Creek
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN): R08100-006-001-000
4. Location
County: New Hanover Nearest Town: Wilmington
Subdivision name (include phase/lot number): Woodlake at Lords Creek
Directions to site (include road numbers, landmarks, etc.):
Take River Road South Watauga will be on the right. Watauga intersects with
Okeechobee Road The site encompasses the 156.53 acres on the East side of
Okeechobee Road.
5. Site coordinates, if available (UTM or Lat/Long): Approx. N340 1.357' W77"53.982'
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Property size (acres): 156.53 acres
7. Nearest body of water (stream/river/sound/ocean/lake): Cape Fear River
8. River Basin: Cape Fear
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.ne.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application:
The site currently is undeveloped and vegetated. There is residential development
surrounding the project site.
10. Describe the overall project in detail, including the type of equipment to be used:
Page 2 of 8
Heavy machinery including bulldozers and other equipment will be used to fill .096
acres of wetlands to install drainage pipes and roads.
11. Explain the purpose of the proposed work:
The purpose of filling in approximately 0.096 acres ( 4,213 sq. ft.) of waters of the US is
to install drainage pipes, energy dissipater mechanisms, widen existing road and to
construct new road.
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
Action ID # 200300992
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
The property will be developed into a residential subdivision.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
Provide a written description of the proposed impacts:
The placement of fill into waters of the US is necessary to install drainage pipes and
energy dissipater mechanisms for stormwater runoff. A small section of wetlands
will be needed to complete a portion of the parking area and road that runs through
the proposed site Another section of wetlands will be needed to allow for the
Page 3 of 8
widening of River Road, to compensate for the future influx of traffic. Please see
the Attachment 3 to this application for further details.
2. Individually list wetland impacts below:
Wetland Impact Area of Located within Distance to j
Site Number Type of Impact* Impact 100-year Floodplain** Nearest Stream Type of Wetland***
(indicate on map) (acres) _(yes/no) (linear feet)
IA Fill .060 NO Not Applicable wet flat
113 Fill .013 NO Not Applicable wet flat
2A Fi1UTemp Fill .006 NO I Not Applicable wet flat
2B Fill .005 1 NO Not Applicable wet flat
3A Fill .013 NO 160 linear ft. wet flat
i
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both stricture and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616,
or online at hiIp;
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only).
List the total acreage (estimated) of all existing wetlands on the property: 43.3± acres
Total area of wetland impact proposed: ± 0.096 acres ( ± 4213.0 square feet )
3. Individually list all intermittent and perennial stream impacts below: Not Applicable.
Stream Impact Length of i Average Width Perennial or
Site Number Type of Impact* Impact Stream Name** of Stream Intermittent?
(indicate on map) - - (linear feet) Before Impact (please specify)
i
i
-
i
i _
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
Several intemet sites also allow direct download and printing of USGS maps (e.g., .+v\\ topo/ m?- ,n .
etc.).
Cumulative impacts (linear distance in feet) to all streams on site: Not Applicable.
Page 4 of 8
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds,
Atlantic Ocean and any other water of the U.S.) below:Not Applicable
Open Water Impact I Area of Name of Waterbody Type of Waterbody
,?
Site Number I Type of Impact* Impact (lake, pond, estuary, sound,
I (if applicable)
(indicate on map) (acres) bay, ocean, etc.)
i
I
' List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
5. Pond Creation Not Applicable
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): Not Applicable
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): Not Applicable
Size of watershed draining to pond: Not Applicable
Expected pond surface area: Not Applicable
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
The proposed fill is necessary to allow construction of roads, parking areas and placement
of drainage pipes on the subject parcel The project has been designed to avoid and
minimize potential adverse effects to wetland areas. Please see Attachment A for details.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
Page 5 of 8
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
hti 1'o.cnr.state.nc.us,nc«_ctlailds, St [-III?_,, dc. 114111!
Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
Propose preservation of the remaining wetlands located on site. Language stating this
is included with this application (Attachment 6).
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
[phone] to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP website at llitt -1:1 11 ?O.c111_st11C_J1CJLS//Nti If use of
the NCWRP is proposed, please check the appropriate box on page three and provide the
following information:
Amount of stream mitigation requested (linear feet):Not applicable.
Amount of buffer mitigation requested (square feet):Not applicable.
Amount of Riparian wetland mitigation requested (acres):Not applicable.
Amount of Non-riparian wetland mitigation requested (acres): Not Applicable
Amount of Coastal wetland mitigation requested (acres):Not applicable.
I. Environmental Documentation (required by DWQ)
Page 6 of 8
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?
Yes ? No
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the©National or North Carolina Environmental Policy Act
(NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call
the SEPA coordinator at [phone] to review current thresholds for environmental
documentation.
Yes ? No
IX.
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No ?
Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify)?
Yes ? No 0 If you answered "yes", provide the following information:
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
- ---
Impact Required
Multiplier
Zone
(square feet) Mitigation
f 1 ' -
? 2- ±
- - - -
Total j
30 feet perpendicular from near bank of channel; Zone 2 extends an
Zone l extends out
additional 20 feet from the edge of Zone 1.
X.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or .0260.
Stormwater (required by DWQ)
Page 7 of 8
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
DWO Stormwater Certification has been issued. Please see Attachment 7 to the letter this
application.
XI. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
Municipal sewer service is available for the subject parcel.
II. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes ? No Fx1
Is this an after-the-fact permit application?
Yes ? No 0
XII. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may choose
to list constraints associated with construction or sequencing that may impose limits on work
schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
31),?
Signatu
Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 8 of 8

Soutkern E nvironmental Group, Inc.
Fj,vimnMcntal, DCVC14Finant and Conscrvation Advisors
www.aagl.ua
I otter oE • eolca
1, kle-RAC: L. S• RqK,Vsj!.l , her*ebggrant
Souther" Fnvfronmentel Group, Inc-, (SEGi) t6c. right to .epreacnt
WVDDLAK'a- TNu%T1EW* fn" matters rwrJing environmental consulting
servicasan real propcrtyownedby/UnderContract by/ WOODL gZ7
i.1V It!& -5-rugwrs, t.t- at -76 $bk RQA In
Counts/Countiea, North Carolina t? roush the deta or- Dr-cembar 31,2-005.
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9 i o.45a.zy 1- Fan 9 j o tsz.za y y• a9l"OorgLus
ATTACHMENT A
Proposed Impacts to Waters of the United States/Waters of the State Attachment
Area Explanation
1 A The impacts to wetlands are due to widening of River Road to allow for
future influx of traffic..
1 B Impacts are related to widening of River Road to allow for future influx of
traffic.
?A The impacts to wetlands are due to the construction of one of the main
thoroughfares through the subdivision. Without this road, access to home
sites within the subdivision would be impossible. 178 square feet
of this area will be temporary for construction equipment maneuverability.
The remaining 78 sq. ft. will be permanent for placement of the road.
?B In order to adhere to county zoning, there must be adequate parking on site
for the proposed community pool and cabana. The placement of the parking
lot minimizes the impacts of wetlands located near the recreation center.
In a conversation with the designers, it was stated that this area may not be
impacted at all, but in the case that impacts are unavoidable they wanted
to list it.
,A Impacts are related to the stormwater treatment plan required by DWQ.
ATTACHMENT B
Impervious Surface Area(required by DWQ) Attachment
Impervious* Surface Area Drainage Area To BMPI Drainage Area To BM-P2
On-Site BeAdings Per Lot
- 181,300 sf 639,400 sf
On-Site Streets 50,529 sf 239,008 sf
On-Site Rec Center (Future) 0 sf 15,858 sf - -
I On Site Sidewalks 9,160 sf 31,365 sf
Pump Station Site 2,836 sf 0 sf
On-Site Future ! 5,444 sf 4,792 sf
rOff-Site Impervious 3,050 sf 14,375 sf
Total: 252,319 (5.79 ac) Total 944,798 sf (21.69 ac)
Information obtained from Withers and Ravenel Engineers/Planners/Surveyors
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D (n 1. WETLANDS DELINEATED BY SOUTHERN ENVIRONMENTAL
GROUP AND SURVEYED BY HANOVER DESIGN SERVICES, P.A.
2. EXISTING TOPOGRAPHY TAKEN FROM A SURVEY
PERFORMED BY TALBOT SURVEYING.
V ./ I 3. WETLANDS REVIEWED BY USACE UNDER ACTION ID
NO. 2005-00300.
Note: See Overall Wetlands Impact Map for Area Location
REVISED OCTOBER 2005
?- REVISED JULY 2005
--?? I DATE: JUNE 2005
Q I 50 0 5o 100
I
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P
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FIGURE 1 - WETLAND IMPACTS
WITHERS ( RAVEN E L WOODLAKE AT LORDS CREEK
RMYIMERNS I PLAMMRRS 1 SURYRYORS
n•.,.s..vn n., c,. n..••r.„iN:rrr m •nrrn.uw o.: viaeneuae ..w., »,?
......+,.,• FEDERAL POINT TOWNSHIP NEW HANOVER COUNTY NORTII CAROLINA
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NORit6
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/ 73 I
SECTIO LINE, SEE 2A - FI RE14
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MAR 1 7 2006
/
DENR -WATER Q?! ITY
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JW \ ?\
NOTES: SECTION LINE,
1. WETLANDS DELINEATED BY SOUTHERN ENVIRONMENTAL SEE 2B - FIGURE 4
GROUP AND SURVEYED BY HANOVER DESIGN SERVICES, P.A. REVISED OCTOBER 2005
2. EXISTING TOPOGRAPHY TAKEN FROM A SURVEY REVISED JULY 2005
PERFORMED BY TALBOT SURVEYING. DATE: JUNE 2005
3. WETLANDS REVIEWED BY USACE UNDER ACTION ID 50 0 50 100
NO. 2005-00300.
Note: See Overall Wetlands Impact Map for Area Location SCALE: 1" = 50'
WITHERS &- RAVENEL FIGURE 2 - WETLAND IMPACTS
[1401N1[23 1 PLANM[R3 I fURYlYORs WOODLAKE AT LORDS CREEK
,, . ,, ,:,> 919 69J1W 4cY19p6pM w „ n 9 FEDERAL POINT TOWNSHIP NEW HANOVER COUNTY v0RTH CAROLINA
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SEASONAL HIGH WATER TABLE = 4.90'
DRAINAGE EASEMENT v Rrr Q?? D
SECTION LINE, SEE 3A - FIGURE 4 MAR 1 7 2006
iC DEN D 0ORMWATER BRANCH WATER QUALITY
? WETLANDS
NOTES:
1. WETLANDS DELINEATED BY SOUTHERN ENVIRONMENTAL
GROUP AND SURVEYED BY HANOVER DESIGN SERVICES, P.A. REVISED OCTOBER 2005
2. EXISTING TOPOGRAPHY TAKEN FROM A SURVEY REVISED JULY 2005
PERFORMED BY TALBOT SURVEYING. DATE: JUNE 2005
3. WETLANDS REVIEWED BY USACE UNDER ACTION ID 50 0 50 100
NO. 2005-00300.
Note: See Overall Wetlands Impact Map for Area Location SCALE: 1 50'
WITHERS &' RAVENEL FIGURE 3 - WETLAND IMPACTS
WOODLAKE AT LORDS CREEK
INGINRIR! 1 PLANN[R! 1 SURYRYORS
,,o.,. c.r,w.aom, rsu r1 9196?H O FEDERAL POINT TOWNSHIP NEW HANOVER COUNTY NORTH CAROLINA
NORTH
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WETLAND LIMI
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ISTING GROUND 1 I PROPOSED GRADE

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0 10 20 30 40 50 60 70 80 9 0 100 0 10 20 30 40 50 60 70 80
1 A& 1 B 2A
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PROACOSED GRADE
12.00 ETL?ND LIMIT
I-
WETLAND IMPACT
11.00 ?- -
10.00
EXISTING GROUND _ I
9.00
8.00 ! I
0 10 20 30 40 50 60 70 80
2B
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_ ,- EMERGEN , Y SPILLWAY
-
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7 2006
DENR . WATER QUALITY
WETLANDS AND STORMWATER BRANCH
NOTES:
1. WETLANDS DELINEATED BY SOUTHERN ENVIRONMENTAL
GROUP AND SURVEYED BY HANOVER DESIGN SERVICES, P.A. REVISED OCTOBER 2005
2. EXISTING TOPOGRAPHY TAKEN FROM A SURVEY REVISED JULY 2005
PERFORMED BY TALBOT SURVEYING. DATE: JUNE 2005
3. WETLANDS REVIEWED BY USACE UNDER ACTION ID 30 0 30 60
NO. 2005-00300.
Note: See Figures 1 2 and 3 for X-Section Location. SCALE: 1 n = 30'
WITHERS & RAVENEL FIGURE 4 - WETLAND IMPACT X-SECTIONS
WOODLAKE AT LORDS CREEK
RN*INRRRS I PLANNERS I SURVEYORS
?.,,.. ,.. ti,m , ,ti, :,, ?• .+..., .. ..,. w .... ___ _...:.. _ •.., 11FEDERAL POINT TOWNSHIP NF W HANOVER COUNTY NORTH CAROLINA
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID. 200500300 County: New Hanover USGS Quad: Carolina Beach
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner / Authorized Agent: Woodlake Investments, LLC
Address: PO Box 1328
Wrightsville Beach, NC 28480
Telephone No.: 910-279-6359
Size and location of property (water body, road name/number, town, etc.): The 156.53 acre parcel is located along the
east side of River Road, adiacent to the Ocean Forest Lakes residential subdivision, in wetlands adiacent to Lords
Creek, south of Wilmington, North Carolina.
Description of projects area and activity: Excavation of and discharge of fill material into 0.096 acre of jurisdictional
wetlands for the purpose of installing drainage pipes and energy dissipaters, parking area, and roadways
associated with the proposed Woodlake at Lords Creek residential subdivision.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
? Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number:
Nationwide Permit Number: 18
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
conditions and your submitted plans. Any violation of the attached conditions or deviation from your submitted plans may subject the
permittee to a stop work order, a restoration order and/or appropriate legal action.
This verification is valid until the NWP is modified, reissued, or revoked. All of the existing NWPs are scheduled to be modified,
reissued, or revoked prior to March 18, 2007. It is incumbent upon you to remain informed of changes to the NWPs. We will issue a
public notice when the NWPs are reissued. Furthermore, if you commence or are under contract to commence this activity before the
date that the relevant nationwide permit is modified or revoked, you will have twelve (12) months from the date of the modification or
revocation of the NWP to complete the activity under the present terms and conditions of this nationwide permit. If, prior to the
expiration date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain valid
until the expiration date identified below, provided it complies with all new and/or modified terms and conditions. The District
Engineer may, at any time, exercise his discretionary authority to modify, suspend, or revoke a case specific activity's authorization
under any NWP.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You
should contact the NC Division of Water Quality (telephone [phone]) to determine Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA),
prior to beginning work you must contact the N.C. Division of Coastal Management in Wilmington, NC, at [phone].
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal,
State or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory
program, please contact Jennifer Frye at 910-251-4923.
Corps Regulatory Official Date: 1/27/2006
Expiration Date of Verification: 03/18/2007
Page 1 of 5
Determination of Jurisdiction:
? Based on preliminary information, there appear to be waters of the US including wetlands within the above described project area.
This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process
( Reference 33 CFR Part 331).
? There are Navigable Waters of the United States within the above described project area subject to the permit requirements of
Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
? There are waters of the US and/or wetlands within the above described project area subject to the permit requirements of Section
404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
® The jurisdictional areas within the above described project area have been identified under a previous action. Please reference
jurisdictional determination issued 1/31/2005. Action ID 200500300
Basis of Jurisdictional Determination: This site exhibits wetland criteria as described in the 1987 Corns Wetland Delineation
Manual and is ad!acent to Lords Creek, a tributary to the Cane Fear River, a navieable Water of the U.S.
Corps Regulatory Official: _ ?,-
Date 01/27/2006
Copy Furnished:
SEG, Inc.,5315 South College Road, Suite E, Wilmington, NC 28412
Noelle Lutheran, DENR-DWQ, WiRO, 127 Cardinal Drive Ext., Wilmington, NC 28405
Page 2 of 5
Action ID Number:200500300
Permittee: Woodlake Investments, LLC
Date Permit Issued: 1/27/2006
Project Manager: Jennifer Frye
County:New Hanover
Upon completion of the activity authorized by this permit and any mitigation required by the permit,
sign this certification and return it to the following address:
US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
WILMINGTONREGULATORY FIELD OFFICE
POST OFFICE BOX 1890
WILMINGTON, NORTH CAROLINA 28402
Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of
Engineers representative. If you fail to comply with this permit you are subject to permit suspension,
modification, or revocation.
I hereby certify that the work authorized by the above referenced permit has been completed in
accordance with the terms and condition of the said permit, and required mitigation was completed in
accordance with the permit conditions.
Signature of Permittee
Date
Page 3 of 5

Action ID# 200500300
SPECIAL CONDITION
1. The Permittee shall execute and cause to be recorded in the New Hanover County Register of
Deeds the Conservation Declaration for the Woodlake at Lords Creek residential subdivision,
(attached) for the purpose of maintaining weltand areas (7.741 acres) as a conservation area, as
shown on the Conservation Area Map, dated January 2006 (also attached) in their natural or
mitigated state in perpetuity, prior to the sale or conveyance of any lots or other property within
the subdivision or within 60 days of issuance of this Verification, whichever occurs first. The
above-mentioned Conservation Area Map must also be recorded with the New Hanover County
Register of Deeds at the same time the Covenants are recorded. No person or entity shall fill,
grade, excavate, or perform any other land disturbing activities; nor cut, remove, or harm any
vegetation; nor construct any structures, nor allow animal grazing or watering or any other
agricultural use on such conservation areas. The permittee shall enforce the terms of the
restrictive covenants and, prior to conveyance of the property, shall take no action on the property
described in the covenants inconsistent with the terms thereof. The permittee shall provide a copy
of the recorded restrictive covenants to the Corps of Engineers within 15 days of recording.
These provisions relating to wetlands cannot be amended or modified without the express written
consent of the U.S. Army Corps of Engineeers, Wilmington District.
Corps Regulatory Official:
Page 5 of 5
STATE OF NORTH CAROLINA
NEW HANOVER COUNTY
CONSERVATION DECLARATION
This DECLARATION of CONSERVATION COVENANTS, CONDITIONS, and
RESTRICTIONS for WOODLAKE SUBDIVISION ("Declaration") is made on this _ day of
January, 2006, by WOODLAKE INVESTMENTS, LLC ("Declarant"), a North Carolina
limited liability company with a principal place of business in Wilmington, New Hanover
County, North Carolina.
RECITALS & CONSERVATION PURPOSES
A. Declarant is the sole owner in fee simple of the certain Wetlands Conservation Area
(Wetlands Conservation Area) being approximately 7.741 acres, more particularly described on a
map entitled "Conservation Area Map" dated January 2006 for Woodlake Developers, LLC
attached hereto as Exhibit A and incorporated herein by this reference; and
B. The purpose of this Conservation Declaration is to maintain wetland and/or riparian
resources and other natural values of the Wetlands Conservation Area, and prevent the use or
development of the Wetlands Conservation Area for any purpose or in any manner that would
conflict with the maintenance of the Wetlands Conservation Area in its natural condition. The
preservation of the Wetlands Conservation Area in its natural condition is a condition of
Department of the Army permit Action ID 200500300 issued by the Wilmington District Corps
of Engineers (Corps), required to mitigate for unavoidable impacts to waters of the United States
authorized by that permit, and this Conservation Declaration may therefore be enforced by the
United States of America.
NOW, THEREFORE the Declarant hereby unconditionally and irrevocably declares that the
Wetlands Conservation Area shall be held and subject to the following restrictions, covenants
and conditions as set out herein, to run with the subject real property and be binding on all
parties that have or shall have any right, title, or interest in said property.
ARTICLE I. PROHIBITED AND RESTRICTED ACTIVITIES
Any activity on, or use of, the Wetlands Conservation Area inconsistent with the purposes of this
Conservation Declaration is prohibited. The Wetlands Conservation Area shall be maintained in
its natural, scenic, and open condition and restricted from any development or use that would
impair or interfere with the conservation purposes of this Conservation Declaration set forth
B. Entire Agreement. This instrument sets forth the entire agreement of the parties with
respect to the Conservation Declaration and supersedes all prior discussions, negotiations,
understandings or agreements relating to the Conservation Declaration. If any provision is found
to be invalid, the remainder of the provisions of this Conservation Declaration, and the
application of such provision to persons or circumstances other than those as to which it is found
to be invalid, shall not be affected thereby.
C. Recording. Declarant shall record this instrument and any amendment hereto in timely
fashion in the official records of New Hanover County, North Carolina, and may re-record it at
any time as may be required to preserve its rights.
D. Environmental Condition of Conservation Property. The Declarant warrants and
represents that to the best of its knowledge after appropriate inquiry and investigation: (a) the
Wetlands Conservation Area described herein is and at all times hereafter will continue to be in
full compliance with all federal, state and local environmental laws and regulations, and (b) as of
the date hereof there are no hazardous materials, substances, wastes, or environmentally
regulated substances (including, without limitation, any materials containing asbestos) located
on, in or under the Wetlands Conservation Area or used in connection therewith, and that there is
no environmental condition existing on the Wetlands Conservation Area that may prohibit or
impede use of the Wetlands Conservation Area for the purposes set forth in the Recitals.
IN WITNESS WHEREOF, Declarant has hereunto set his hand and seal, the day and year
first above written.
WOODLAKE INVESTMENTS, LCC
By: (SEAL)
Michael J. Rokoski, Member/Manager
BY: (SEAL)
Franklin R. Williams, Member/Manager
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
I, Alan M. Solana, a Notary Public of the State and County aforesaid,
hereby certify that Michael J. Rokoski and Franklin R. Williams,
Member/Managers of Woodlake Investments, LLC, a North Carolina limited
liability company, personally appeared before me this day and acknowledged the
due execution of the foregoing instrument on behalf of said limited liability
company.
Witness my hand and official notarial seal this the _ day of January,
2006.
Notary Public
My Commission Expires:
May 30, 2009
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?QF WATF9O Michael F. Easley, Governor
?O G William G. Ross, Jr., Secretary
ro North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
August 5, 2005
CERTIFIED MAIL: 7004 1160 0004 4620 3174
RETURN RECEIPT REQUESTED
Judia Sanders
Woodlake Developers, LLC
P.O. Box 1328
Wrightsville Beach, NC 28480
Subject: 401 Water Quality GC #3402
Woodlake at Lord's Creek Subdivision
DWQ Project # 05 1263
New Hanover County
Dear Mrs. Sanders:
The Wilmington Regional Office received your copy of the 404 Application for impacts to 0.08
acres of jurisdictional wetlands associated with the construction of drainage pipes, energy dissipaters and
construction of a road on the 156.53 acres off River Road, in Wilmington, New Hanover County. After
the 404 permit is issued by the Corps of Engineers, you are authorized to proceed under General Water
Quality Certification # 3402 (attached). Written concurrence from DWQ is not required provided that
you can meet all of the conditions of this certification.
If at anytime during construction of your project you determine that you cannot meet these
conditions or if there are any unpermitted impacts to wetlands or water quality, you must contact this
office immediately.
If the Corps of Engineers does NOT issue a Nationwide 18 for this project (USACE letter dated
7/19/05), you must resubmit a revised application (pay any fees if applicable) to Ian McMillian of the
DWQ Central Office at 401 Wetlands Oversite Unit, 2321 Crabtree Blvd., Raleigh, NC 27604-2260.
Please include a letter referencing the DWQ project number and any additional information for a
complete project. If you have any questions concerning this matter, please do not hesitate to call me at
(910)-796-7215.
7erely,
Joanne Steenhuis
Environmental Specialist III
cc: Dana Lutheran - Southern Environmental Group, Inc.
Ian McMillian - Wetlands Unit
Jennifer Frye - US Army Corps of Engineers
WiRO
North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone [phone] Customer Servicel.877-623-6748
Wilmington Regional Office Wilmington, NC 28405-3845 FAX [phone] Internet: h2o.enr.state.nc.us One
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper NorthCarolina
lVatt/raffiu
RIICRVYI?!y
MAR 1 7 2006

Office Use Only:
USACE Action ID No.
KnWA ATSr ? lrr
BRANCH
Form Version May 2002
DWQ No. 0 5 ? 2-.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
I. Processing
1. Check all of the approval(s) requested for this project:
0 Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
N 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NWP 18
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: N
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete
section VIII and check here: ?
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4),
and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ?
II. Applicant Information
1. Owner/Applicant Information
Name: Woodlake Investments, LLC
Mailing Address: PO Box 1328
Wrightsville Beach, NC 28480
Telephone Number: 910.279.6359 Fax Number: Not Applicable
E-mail Address: Not Applicable
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Dana Lutheran
Company Affiliation: Southern Environmental Group, Inc.
Mailing Address: 5315 South College Road, Suite E
Wilmington, North Carolina 28412
Telephone Number: 910.452.2711 Fax Number: 910.452.2899
E-mail Address: dlutheran(iDsegims
Page I of 8
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings
rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a
small scale such that the final version is illegible, the applicant will be informed that the project
has been placed on hold until decipherable maps are provided.
I . Name of project: Woodlake at Lords Creek
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN): R08100-006-001-000
4. Location
County: New Hanover Nearest Town: Wilmington
Subdivision name (include phase/lot number): Woodlake at Lords Creek
Directions to site (include road numbers, landmarks, etc.):
Take River Road South. Watauga will be on the right. Watauga intersects with
Okeechobee Road. The site encompasses the 156.53 acres on the East side of
Okeechobee Road.
5. Site coordinates, if available (UTM or Lat/Long): Approx. N34° 1.357' W77° 53.982'
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Property size (acres): 156.53 acres
7. Nearest body of water (stream/river/sound/ocean/lake): Cape Fear River
8. River Basin: Cape Fear
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application:
The site currently is undeveloped and vegetated. There is residential development
surrounding the project site.
10. Describe the overall project in detail, including the type of equipment to be used:
Page 2 of 8
Heavy machinery including bulldozers and other equipment will be used to fill .096
acres of wetlands to install drainage nines and roads.
11. Explain the purpose of the proposed work:
The purpose of filling in approximately 0.096 acres ( 4,213 sq. ft.) of waters of the US is
to install drainage pipes, energy dissipater mechanisms, widen existing road and to
construct new road.
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
Action ID # 200300992
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
The property will be developed into a residential subdivision.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
Provide a written description of the proposed impacts:
The placement of fill into waters of the US is necessary to install drainage pipes and
energy dissipater mechanisms for stormwater runoff. A small section of wetlands
will be needed to complete a portion of the parking area and road that runs through
the proposed site Another section of wetlands will be needed to allow for the
Page 3 of 8
widening of River Road, to compensate for the future influx of traffic. Please see
the Attachment 3 to this application for further details.
2. Individually list wetland impacts below:

Wetland Impact ,
Area of 11 - - - -- -
Located within
Distance to
Site Number j Type of Impact* Impact j 100-year Floodplain** Nearest Stream
(indicate on map)
-- ------ (acres) (yes/no) (linear feet)
I A Fill .060 NO l Not Applicable
1 B Fill .013 NO Not Applicable
2A Fill/Temp Fill .006 NO Not Applicable
213 Fill l .005 I NO 1 Not Applicable
3A 1 Fill .013 NO 160 linear ft
Type of Wetland***
wet flat
wet flat
wet flat
wet flat -
wet flat
I
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill.
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616,
or online at link:-_ \?u?\_ fcniii__?_,N.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only).
List the total acreage (estimated) of all existing wetlands on the property: 43.3± acres
Total area of wetland impact proposed: ± 0.096 acres (± 4213.0 square feet )
3. Individually list all intermittent and perennial stream impacts below: Not Applicable.
Stream Impact I Length of 1 Average Width Perennial or
Site Number Type of Impact* Impact Stream Name** of Stream Intermittent?
(indicate on map) (linear feet)- Before Impact (please specify)
I I ! ?
I
- _ i
I I -
I _
not limited to: culverts and associated rip-rap,
List each impact separately and identify temporary impacts. Impacts include, but are
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
Several internet sites also allow direct download and printing of USGS maps (e.g., ,pt-oil,,- COMJ
_n ,fir>t,?nni, etc.).
Cumulative impacts (linear distance in feet) to all streams on site. Not Applicable.
Page 4 of 8
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds,
Atlantic Ocean and any other water of the U.S.) below:Not Applicable
(Open Water Impact ! j Area of Type of Waterbody
Name of Waterbody
estuary, sound,
( , pond, soun
Site Number Type of Impact* Impact lake
(if applicable)
(indicate on map) (acres) bay, ocean, etc.)
i
I ?
I
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
5. Pond Creation Not Applicable
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): Not Applicable
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): Not Applicable
Size of watershed draining to pond: Not Applicable
Expected pond surface area: Not Applicable
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
The proposed fill is necessary to allow construction of roads, parking areas and placement
of drainage pipes on the subject parcel. The project has been designed to avoid and
minimize potential adverse effects to wetland areas. Please see Attachment A for details.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
Page 5 of 8
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
ilttn: %di2o.cnr.statc. nc.us/ne?v ct lands/strinu ide.htn'l 1.
Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
Propose preservation of the remaining wetlands located on site. Language stating this
is included with this application (Attachment 6).
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
[phone] to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP website at If use of
the NCWRP is proposed, please check the appropriate box on page three and provide the
following information:
Amount of stream mitigation requested (linear feet):Not applicable.
Amount of buffer mitigation requested (square feet):Not applicable.
Amount of Riparian wetland mitigation requested (acres):Not applicable.
Amount of Non-riparian wetland mitigation requested (acres): Not Applicable
Amount of Coastal wetland mitigation requested (acres):Not applicable.
I. Environmental Documentation (required by DWQ)
Page 6 of 8
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?
Yes ? No
IX.
If yes, does the project require preparation of an environmental document pursuant to the
requirements of theNNational or North Carolina Environmental Policy Act
(NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call
the SEPA coordinator at [phone] to review current thresholds for environmental
documentation.
Yes ? No
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No ?
Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify)?
Yes ? No N If you answered "yes", provide the following information:
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
Zone' Impact _ Required -
Multiplier
(square feet) I Mitigation
2_ 1
Total
Zone I extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
X.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or .0260.
Stormwater (required by DWQ)
Page 7 of 8
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
DW Stormwater Certification has been issued. Please see Attachment 7 to the letter this
application.
XI. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
Municipal sewer service is available for the subject parcel.
II. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ? No 0
Is this an after-the-fact permit application?
Yes ? No 0
XII. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may choose
to list constraints associated with construction or sequencing that may impose limits on work
schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
(3 f Ile to
Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 8 of 8

S?GP
50utkern Environmental Group, Inc.
E.nvironrocntal, Development, and Conaerv,etion Advisors
www.fiesWe
4 ratter of AWCU
I, AltG14AC: L S• RV 9,05,N , herebygrant
5out6arn F rwironmental Group, Inc-, 6FIGO tke right to rcprcacnt
bVVVC)L ,K? =NU`LST in matters regarding environmental consulting
6erviccs on real property owned by/Undcr Contract by/ WOOF L4 It.E
I. (ya ST'tb zwrS, Lt- at -70 8Dk RQ in
CounWC.ountiea, North Carolina througl+ the elate or- Decem6er g 1, 2003.
Lan /gent
Dat
13,,!F .South Gailc o RoaJ, 5,itc E? - WIIM:rgtrw Nc1r 6 &,-.Jf .,. .28412
91 o-UA-471 3• FzM 9 f o-4sz.a899 • oFficadPacgUse
ATTACHMENT A
Proposed Impacts to Waters of the United States/Waters of the State Attachment
Area Explanation
1 A The impacts to wetlands are due to widening of River Road to allow for
fixture influx of traffic..
1 R Impacts are related to widening of River Road to allow for future influx of
traffic.
?A The impacts to wetlands are due to the construction of one of the main
thoroughfares through the subdivision. Without this road, access to home
sites within the subdivision would be impossible. 178 square feet
of this area will be temporary for construction equipment maneuverability.
The remaining 78 sq. ft. will be permanent for placement of the road.
2B In order to adhere to county zoning, there must be adequate parking on site
for the proposed community pool and cabana. The placement of the parking
lot minimizes the impacts of wetlands located near the recreation center.
In a conversation with the designers, it was stated that this area may not be
impacted at all, but in the case that impacts are unavoidable they wanted
to list it.
iA Impacts are related to the stormwater treatment plan required by DWQ.
ATTACHMENT B
Impervious Surface Area(required by DWQ) Attachment
Impervious* Surface Area Drainage Area To BMP 1 Drainage Area To BMP2
On-Site cgs Per Lot 181,300 sf 639,400 sf
i
On-Site Streets 50,529 sf 239,008 sf
On-Site Rec Center (Future) 0 sf 15,858 sf
On-Site Sidewalks 9,160 sf 31,365 sf
Pump Station Site 2,836 sf 0 sf
On-Site Future 5,444 sf 4,792 sf
Off-Site Impervious 3,050 sf 14,375 sf
Total: 252,319 (5.79 ac) Total 944,798 sf (21.69 ac)
Information obtained from Withers and Ravenel Engineers/Planners/Surveyors
W N !![[1ll O
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NORTH O C
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-FIGURE 4
SECTION LINE, SEE 1A81113
1A
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JW
1 B , Zook
564 SF MAR
r JW
I ( fps MO sT `gtMW?1?ER g?r+
< I
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O z NOTES:
D 1 `A 1. WETLANDS DELINEATED BY SOUTHERN ENVIRONMENTAL
GROUP AND SURVEYED BY HANOVER DESIGN SERVICES, P.A.
2. EXISTING TOPOGRAPHY TAKEN FROM A SURVEY
PERFORMED BY TALBOT SURVEYING.
V, I 3. WETLANDS REVIEWED BY USACE UNDER ACTION ID
NO. 2005-00300.
Note: See Overall Wetlands Impact Map for Area Location
REVISED OCTOBER 2005
REVISED JULY 2005
-?? I DATE: JUNE 2005
0 ! 50 0 50 100
P ! SCALE: 1 50'
WITHERS (- RAVENEL FIGURE 1 - WETLAND IMPACTS
WOODLAKE AT LORDS CREEK
I "y`KM" ENQINEERS1 I PLANNERS I SURVEYORS FEDERAL POINT TOWNSHIP NEW HANOVER COUNTY NORTI-I CAROLINA
W ll-I/}11aU Ya: 4O-16I.4 '+.w.v w.M.•n.rclrn
T
/,
/:: .
- -21+00/

V,
X45 j 46
193 /? 190
192 NORRt .
256 SF `\'?'
I
JW
I I
\ 73 191 I
SECTIO LINE, SEE 2A - FI RE14
1
r
i
1
c? I
I
i
i

o t?C? ??lG ? l
:2Q06' 1
MAR'
/ DEtJFt WATT uUkl1l y
'?' ??' ?. yy?npNpS AND 5TORMNNT?ER BRANCH
?D
/ ?? 239 SF
NOTES: SECTION LINE,
1. WETLANDS DELINEATED BY SOUTHERN ENVIRONMENTAL SEE 2B - FIGURE 4
GROUP AND SURVEYED BY HANOVER DESIGN SERVICES, P.A. REVISED OCTOBER 2005
2. EXISTING TOPOGRAPHY TAKEN FROM A SURVEY REVISED JULY 2005
PERFORMED BY TALBOT SURVEYING. DATE: JUNE 2005
3. WETLANDS REVIEWED BY USACE UNDER ACTION ID 50 0 50 100
NO. 2005-00300.
Note: See Overall Wetlands Impact Map for Area Location SCALE: 1 50'
WITHERS &- RAVENEL FIGURE 2 - WETLAND IMPACTS
[NGIM[[RSl 1 PI.AMN[R3 1 SURVEYORS WOODLAKE AT LORDS CREEK
..,..o,.. ;,,.. v..n c.m, nsn n+99469J1+u a=, q;?ezm.. ...,....w.•.....K„„ FEDERAL POINT TOWNSHIP NEW HANOVER COUNTY NORTH CAROLINA
00 > ?? 86
l+
- - - M WORTH
48+ +
I 46.j.p
4
5 -
BMP2
L34
548 SF ? I ?6 __ ? ?
JW X11
SEASONAL HIGH WATER TABLE = 4.90'
?I
illy i DRAINAGE EASEMENT
it
SECTION LINE, SEE 3A -FIGURE 4
?II? I
MAR I 7
Il; ? \ 2006
1 V*TiAN03AND ST1ORMMTERi
NOTES: BRANCH
1. WETLANDS DELINEATED BY SOUTHERN ENVIRONMENTAL
GROUP AND SURVEYED BY HANOVER DESIGN SERVICES, P.A. REVISED OCTOBER 2005
2. EXISTING TOPOGRAPHY TAKEN FROM A SURVEY REVISED JULY 2005
PERFORMED BY TALBOT SURVEYING. DATE: JUNE 2005
3. WETLANDS REVIEWED BY USACE UNDER ACTION ID 50 0 50 100
NO. 2005-00300.
Note: See Overall Wetlands Impact Map for Area Location SCALE: 1 50'
WITHERS &- RAVENEL FIGURE 3 - WETLAND IMPACTS
WOODLAKE AT LORDS CREEK
INGINIIRI 1 PLANNIR! 1 SURYRYORS
,..i,,.FEDERAL POINT TOWNSHIP NEW HANOVER COUNTY NORTH CAROLINA
11
NORTH
8.00
PROPOSED GRADE
7.00 -
? -- _ WETLAND LIMIT
.00 WETLANIJ. LIMIT
6 J \ i
i
ti
LISTINGGROUND 1
5.00 - j
i
4.00 I -
WETLAND IMPACT
3.00
WETLAND IP CT
2.00
1.00
I ! _
0.00
0 10 20 30 40 50 60 70 80 90 100
1 A& 1 B
13.00
:PRO F?O ED GRADE
12.00 ETLAND LIMIT
WETLAND IMPACT
11.00 ?.
15.00
14.00
13.00
12.00
11.00
10.00 .
9.00
0
PROPOSED GRADE
WETLAND LIMIT,
1 i WETLAND IM? Ai T i
EXISTING GROUND
10 20 30 40 50 60 70 80
2A
9.00 -- --
EMERGEN Y SPILLWAY
_?. I I --- -
8.00
E7t?N LIMIT
\ WETLAND CT
7.00 IMPI
j ( -I --- -
I
6.00 LIMIT F_I P? --
I i
- i
_ 5.00 "
10.00. 4.00 4 DRAWD. WN- EWICE --?- -!----I
- I EXISTING GROUND ? I
I 1
9.00 EXIST?NG GROUND i 3.00
8.00 I 2.00
0 10 20 30 40 50 60 70 80 0 10 20 30 40 50 60 70 80 90
2B 3A
t[jfjr-gRBw[A
kl_ ?
NOTES: MAR 1 7 2006
1. WETLANDS DELINEATED BY SOUTHERN ENVIRONMENTAL
GROUP AND SURVEYED BY HANOVER DESIGN SERVICES, P.A. REVISED OCTOBER 2005 DENK WATER (QUALITY
2. EXISTING TOPOGRAPHY TAKEN FROM A SURVEY REVISED JULY 2005 WMWSMDST0RMWATER5RAllICl
PERFORMED BY TALBOT SURVEYING. DATE: JUNE 2005
3. WETLANDS REVIEWED BY USACE UNDER ACTION ID 30 0 30 60
NO. 2005-00300.
Note: See Figures 1 2 and 3 for X-Section Location. SCALE: 1" = 30'
WITHERS & RAVENEL FIGURE 4- WETLAND IMPACT X-SECTIONS
WOODLAKE AT LORDS CREEK
[N?IN[R!f 1 ?LANN[R1 I SURV[TORS
NFW HANOVER COUNTY NORTH CAROLINA
FEDERAL POINT TOWNSHIP
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID. 200500300 County: New Hanover USGS Quad: Carolina Beach
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner / Authorized Agent: Woodlake Investments, LLC
Address: PO Box 1328
Wrightsville Beach, NC 28480
Telephone No.: 910-279-6359
Size and location of property (water body, road name/number, town, etc.): The 156.53 acre parcel is located along the
east side of River Road, adjacent to the Ocean Forest Lakes residential subdivision, in wetlands adjacent to Lords
Creek, south of Wilmington, North Carolina.
Description of projects area and activity: Excavation of and discharge of fill material into 0.096 acre of jurisdictional
wetlands for the purpose of installing drainage pipes and energy dissipaters, parking area, and roadways
associated with the proposed Woodlake at Lords Creek residential subdivision.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
? Section l0 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number:
Nationwide Permit Number: 18
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
conditions and your submitted plans. Any violation of the attached conditions or deviation from your submitted plans may subject the
permittee to a stop work order, a restoration order and/or appropriate legal action.
This verification is valid until the NWP is modified, reissued, or revoked. All of the existing NWPs are scheduled to be modified,
reissued, or revoked prior to March 18, 2007. It is incumbent upon you to remain informed of changes to the NWPs. We will issue a
public notice when the NWPs are reissued. Furthermore, if you commence or are under contract to commence this activity before the
date that the relevant nationwide permit is modified or revoked, you will have twelve (12) months from the date of the modification or
revocation of the NWP to complete the activity under the present terms and conditions of this nationwide permit. If, prior to the
expiration date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain valid
until the expiration date identified below, provided it complies with all new and/or modified terms and conditions. The District
Engineer may, at any time, exercise his discretionary authority to modify, suspend, or revoke a case specific activity's authorization
under any NWP.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You
should contact the NC Division of Water Quality (telephone [phone]) to determine Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA),
prior to beginning work you must contact the N.C. Division of Coastal Management in Wilmington, NC, at [phone].
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal,
State or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory
program, please contact Jennifer Frye at 910-251-4923.
Corps Regulatory Official Date: 1/27/2006
Expiration Date of Verification: 03/18/2007
Page 1 of 5
Determination of Jurisdiction:
? Based on preliminary information, there appear to be waters of the US including wetlands within the above described project area.
This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process
(Reference 33 CFR Part 331).
? There are Navigable Waters of the United States within the above described project area subject to the permit requirements of
Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
? There are waters of the US and/or wetlands within the above described project area subject to the permit requirements of Section
404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
® The jurisdictional areas within the above described project area have been identified under a previous action. Please reference
jurisdictional determination issued 1131/2005. Action ID 200500300
Basis of Jurisdictional Determination: This site exhibits wetland criteria as described in the 1987 Corns Wetland Delineation
Manual and is adiacent to Lords Creek, a tributary to the Cape Fear River, a navieable Water of the U.S.
Corps Regulatory Official:
Date 01/27/2006
Copy Furnished:
SEG, Inc.,5315 South College Road, Suite E, Wilmington, NC 28412
Noelle Lutheran, DENR-DWQ, WiRO, 127 Cardinal Drive Ext., Wilmington, NC 28405
Page 2 of 5
Action ID Number:200500300
Permittee: Woodlake Investments, LLC
Date Permit Issued: 1/27/2006
Project Manager: Jennifer Frye
County:New Hanover
Upon completion of the activity authorized by this permit and any mitigation required by the permit,
sign this certification and return it to the following address:
US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
WILMINGTONREGULATORY FIELD OFFICE
POST OFFICE BOX 1890
WILMINGTON, NORTH CAROLINA 28402
Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of
Engineers representative. If you fail to comply with this permit you are subject to permit suspension,
modification, or revocation.
I hereby certify that the work authorized by the above referenced permit has been completed in
accordance with the terms and condition of the said permit, and required mitigation was completed in
accordance with the permit conditions.
Signature of Permittee
Date
Page 3 of 5
Action ID# 200500300
SPECIAL CONDITION
1. The Permittee shall execute and cause to be recorded in the New Hanover County Register of
Deeds the Conservation Declaration for the Woodlake at Lords Creek residential subdivision,
(attached) for the purpose of maintaining weltand areas (7.741 acres) as a conservation area, as
shown on the Conservation Area Map, dated January 2006 (also attached) in their natural or
mitigated state in perpetuity, prior to the sale or conveyance of any lots or other property within
the subdivision or within 60 days of issuance of this Verification, whichever occurs first. The
above-mentioned Conservation Area Map must also be recorded with the New Hanover County
Register of Deeds at the same time the Covenants are recorded. No person or entity shall fill,
grade, excavate, or perform any other land disturbing activities; nor cut, remove, or harm any
vegetation; nor construct any structures, nor allow animal grazing or watering or any other
agricultural use on such conservation areas. The permittee shall enforce the terms of the
restrictive covenants and, prior to conveyance of the property, shall take no action on the property
described in the covenants inconsistent with the terms thereof. The permittee shall provide a copy
of the recorded restrictive covenants to the Corps of Engineers within 15 days of recording.
These provisions relating to wetlands cannot be amended or modified without the express written
consent of the U.S. Army Corps of Engineeers, Wilmington District.
Corps Regulatory Official: _
Page 5 of 5
STATE OF NORTH CAROLINA
NEW HANOVER COUNTY
CONSERVATION DECLARATION
This DECLARATION of CONSERVATION COVENANTS, CONDITIONS, and
RESTRICTIONS for WOODLAKE SUBDIVISION ("Declaration") is made on this _ day of
January, 2006, by WOODLAKE INVESTMENTS, LLC ("Declarant"), a North Carolina
limited liability company with a principal place of business in Wilmington, New Hanover
County, North Carolina.
RECITALS & CONSERVATION PURPOSES
A. Declarant is the sole owner in fee simple of the certain Wetlands Conservation Area
(Wetlands Conservation Area) being approximately 7.741 acres, more particularly described on a
map entitled "Conservation Area Map" dated January 2006 for Woodlake Developers, LLC
attached hereto as Exhibit A and incorporated herein by this reference; and
B. The purpose of this Conservation Declaration is to maintain wetland and/or riparian
resources and other natural values of the Wetlands Conservation Area, and prevent the use or
development of the Wetlands Conservation Area for any purpose or in any manner that would
conflict with the maintenance of the Wetlands Conservation Area in its natural condition. The
preservation of the Wetlands Conservation Area in its natural condition is a condition of
Department of the Army permit Action ID 200500300 issued by the Wilmington District Corps
of Engineers (Corps), required to mitigate for unavoidable impacts to waters of the United States
authorized by that permit, and this Conservation Declaration may therefore be enforced by the
United States of America.
NOW, THEREFORE the Declarant hereby unconditionally and irrevocably declares that the
Wetlands Conservation Area shall be held and subject to the following restrictions, covenants
and conditions as set out herein, to run with the subject real property and be binding on all
parties that have or shall have any right, title, or interest in said property.
ARTICLE I. PROHIBITED AND RESTRICTED ACTIVITIES
Any activity on, or use of, the Wetlands Conservation Area inconsistent with the purposes of this
Conservation Declaration is prohibited. The Wetlands Conservation Area shall be maintained in
its natural, scenic, and open condition and restricted from any development or use that would
impair or interfere with the conservation purposes of this Conservation Declaration set forth
B. Entire Agreement. This instrument sets forth the entire agreement of the parties with
respect to the Conservation Declaration and supersedes all prior discussions, negotiations,
understandings or agreements relating to the Conservation Declaration. If any provision is found
to be invalid, the remainder of the provisions of this Conservation Declaration, and the
application of such provision to persons or circumstances other than those as to which it is found
to be invalid, shall not be affected thereby.
C. Recording. Declarant shall record this instrument and any amendment hereto in timely
fashion in the official records of New Hanover County, North Carolina, and may re-record it at
any time as may be required to preserve its rights.
D. Environmental Condition of Conservation Propert y. The Declarant warrants and
represents that to the best of its knowledge after appropriate inquiry and investigation: (a) the
Wetlands Conservation Area described herein is and at all times hereafter will continue to be in
full compliance with all federal, state and local environmental laws and regulations, and (b) as of
the date hereof there are no hazardous materials, substances, wastes, or environmentally
regulated substances (including, without limitation, any materials containing asbestos) located
on, in or under the Wetlands Conservation Area or used in connection therewith, and that there is
no environmental condition existing on the Wetlands Conservation Area that may prohibit or
impede use of the Wetlands Conservation Area for the purposes set forth in the Recitals.
IN WITNESS WHEREOF, Declarant has hereunto set his hand and seal, the day and year
first above written.
WOODLAKE INVESTMENTS, LCC
By: (SEAL)
Michael J. Rokoski, Member/Manager
BY: (SEAL)
Franklin R. Williams, Member/Manager
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
I, Alan M. Solana, a Notary Public of the State and County aforesaid,
hereby certify that Michael J. Rokoski and Franklin R. Williams,
Member/Managers of Woodlake Investments, LLC, a North Carolina limited
liability company, personally appeared before me this day and acknowledged the
due execution of the foregoing instrument on behalf of said limited liability
company.
Witness my hand and official notarial seal this the day of January,
2006.
Notary Public
My Commission Expires:
May 30, 2009
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?OF WATF9O Michael F. Easley, Governor
?O G William G. Ross, Jr., Secretary
co North Carolina Department of Environment and Natural Resources
`r Alan W. Klimek, P.E. Director
Division of Water Quality
August 5, 2005
CERTIFIED MAIL: 7004 1160 0004 4620 3174
RETURN RECEIPT REQUESTED
Judia Sanders
Woodlake Developers, LLC
P.O. Box 1328
Wrightsville Beach, NC 28480
Subject: 401 Water Quality GC #3402
Woodlake at Lord's Creek Subdivision
DWQ Project # 05 1263
New Hanover County
Dear Mrs. Sanders:
The Wilmington Regional Office received your copy of the 404 Application for impacts to 0.08
acres of jurisdictional wetlands associated with the construction of drainage pipes, energy dissipaters and
construction of a road on the 156.53 acres off River Road, in Wilmington, New Hanover County. After
the 404 permit is issued by the Corps of Engineers, you are authorized to proceed under General Water
Quality Certification # 3402 (attached). Written concurrence from DWQ is not required provided that
you can meet all of the conditions of this certification.
If at anytime during construction of your project you determine that you cannot meet these
conditions or if there are any unpermitted impacts to wetlands or water quality, you must contact this
office immediately.
If the Corps of Engineers does NOT issue a Nationwide 18 for this project (USACE letter dated
7/19/05), you must resubmit a revised application (pay any fees if applicable) to Ian McMillian of the
DWQ Central Office at 401 Wetlands Oversite Unit, 2321 Crabtree Blvd., Raleigh, NC 27604-2260.
Please include a letter referencing the DWQ project number and any additional information for a
complete project. If you have any questions concerning this matter, please do not hesitate to call me at
(910)-796-7215.
"erely, c?
/Joanne Steenhuis
Environmental Specialist III
cc: Dana Lutheran - Southern Environmental Group, Inc.
Ian McMillian - Wetlands Unit
Jennifer Frye - US Army Corps of Engineers
WiRO
North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone [phone] Customer Servicet-877-623-6748 One
Wilmington Regional Office Wilmington, NC 28405-3845 FAX [phone] Internet: h2o.enr.state.nc.us NOCLhCar011na
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
.IVW IM1711»

?0? W A TF9Q Michael F. Easley, Governor
?? (r William G. Ross Jr., Secretary
r North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
March 13, 2006
DWQ Project # 05-1263, Ver. 2
New Hanover County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Woodlake Investments, LLC
P.O. Box 1328
Wrightsville Beach, NC 28480
Subject Property: Woodlake At Lords Creek
Cape Fear River [CPF 030617, 18-(63), C, SW]
REQUEST FOR MORE INFORMATION
Dear Sir or Madam:
On March 6, 2006, the Division of Water Quality (DWQ) received your application dated January 28,
2006, to impact 0.096 acres of wetland to construct the proposed new road and road widening. The DWQ
has determined that your application was incomplete and/or provided inaccurate information as discussed
below. The DWQ will require additional information in order to process your application to impact
protected wetlands and/or streams on the subject property. Therefore, unless we receive five copies of the
additional information requested below, we will have to move toward denial of your application as
required by 15A NCAC 2H .0506 and will place this project on hold as incomplete until we receive this
additional information. Please provide the following information so that we may continue to review your
project.
Additional Information Requested:
1. Please provide 5 copies of the application, 5 copies of the site plans and other supporting
information.
Please contact the DWQ within three weeks of the date of this letter to verify that you have received this
letter and that you remain interested in continuing to pursue permitting of your project and will be
providing the DWQ the requested information at a later date. Please contact me in writing and Joanne
Steenhuis of the DWQ Wilmington Regional Office. If we do not hear from you within three weeks, we
will assume that you no longer want to pursue this project and we will consider the project as withdrawn.
This letter only addresses the application review and does not authorize any impacts to wetlands, waters
or protected buffers. Please be aware that any impacts requested within your application are not
authorized (at this time) by the DWQ. Please call Ms. Cyndi Karoly or Mr. Ian McMillan at 919-733-
1786 if you have any questions regarding or would like to set up a meeting to discuss this matter.
Sincerely,
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone [phone] / Fax [phone]
Internet: http://www.ncwaterquality.org
None Caro ma
?turaly
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper

Woodlake Investments, LLC
Page 2 of 2
March 13, 2006
Cyndi Karoly, Supervis r
401 Oversight/Express Review Permitting Unit
CBK/ijm
cc: Joanne Steenhuis, DWQ Wilmington Regional Office
USACE Wilmington Regulatory Field Office
File Copy
Central Files
Dana Lutheran, Southern Environmental Group, Inc., 5315 College Road, Suite E, Wilmington,
NC 28412
Filename: 051263 Ver2WoodtakeAtLordsCreek(NewHanover)On_Hold
DWQ # 05-41263 V2 Woodlake @ Lords Creek
Subject: DWQ # 05-1263 V2 Woodlake @ Lords Creek
From: Laurie Dennison <[e-mail]>
Date: Tue, 14 Mar 2006 13:11:48 -0500
To: [e-mail]
Please see attached the Division of Water Quality's request for more information related to
your recent application. Please note that this message is being forwarded to you
electronically so that you may expedite preparation of your response. Please do not send
your response as a reply to this e-mail or via fax. The hard copy is being sent via US Mail.
All response correspondence is to be mailed via hard copy to the 401 Oversight and Express
Permits Unit, 2321 Crabtree Blvd., Raleigh, NC, 27604 unless otherwise noted.
051263Ver2WoodlakeAtLordsCreek(NewHanover)On_Hold.doc Content-Type: application/msword
Content-Encoding: base64
1 of 1 3/14/2006 1:12 PM
v ?
? ?' ) , 1 ?, Lo 3
5outkern E-nvironmental Group, Inc.
55 15 joilth C_ollege jZoac , `5111te [__ • Wilmington, North Carolina 2841 2
910.9-52.271 1 • Fax: [phone] • office@51 .us
WWW.Srg1AJ111 February 01, 2006 MAR 6 2006
United States Postal Service
AFakQ - WATER qU
AND 8TDR A R NCH
Mr. Ian McMillan
Oversight/Express Review Permitting Unit
2321 Crabtree Blvd.
Raleigh, NC 27604
RE: Woodlake at Lords Creek
DWQ Project No. 05-1263
S1a;1 Proic•t ri: 04-21>.W
Dear Mr. McMillan:
At this time Southern Environmental Group, Inc. (SEGi), on behalf of Woodlake Investments,
LLC., would like to submit the modifications to the Pre-Construction Notification for Woodlake
at Lords Creek. The 401 Water Quality Certification, for this project, was issued on August 5,
2005.
Included with this correspondence is a copy of the Letter of Agency, signed by Woodlake
Investments, LLC. Also, revisions have been made to the PCN in order to reflect the proposed
impacts. A break down of each proposed impact is attached, as well as explanations for the those
impacts. Zoom drawings with accompanying profile/cross sectional drawings are included so
that you may reference each individual impact area.
Two copies of the revised site plan are included along with this letter. We are providing you
with an 11" x 17" copy for your file and the deed language conveying the Conservation
Declaration is included for your review. For your convenience, the 404 Water Quality
Certification has been supplied.
Should you need anything further, please do not hesitate to call our office, 910.452.2711. Thank
you so much for your time and assistance with this project.
Sincerely,
Dana Lutheran
Southern Environmental Group, Inc.
;1 . Y
5LG
cc: Joanne Steenhuis (DWQ - Wilmington District)
Enclosures: Letter of Agency signed by Woodlake Investments, LLC
Revised PCN
Additional information regarding the impacts associated with the development
Revised Site Plan (1 1 " x 171)
Zoom drawings with accompanying profile/cross sectional drawings
Conservation Declaration
404 Water Quality Certification
SEGO
soutkern Lnvironmentai Group, Inc.
F_nvironmcntal, Dcvc1oFmcnt and Conscrv ttion Advisors
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I otter f 6=c W
j, M,?GfGa? L S.KoSKI , hereby grant
,5out6crn E-nvironmentel Group, Inch, (5E_G1) t6r- rieht to represent
WOVIDLAK'5. Dju%TM+? in n+atters regarding environmental con5alting
scrvicos on real Property owned by/UrrJcr Contract by/ WOAD L4 LF
- 1. IV fS ST%41ekrrs, t.t.G_ at_ 26,E,Lk Raf) in
r
Counts /Counties, North Carolina tkroug? tie jAabo nr Dec?--m6er 31, 2005
Land n /?ent
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MAR 6 2006
Office Use Only: Form Version May 2002 DENR - WATER QUALITY
WETLANDS AND STORMWATER BRANCH
USACE Action ID No. DWQ No. _
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
Processing
1. Check all of the approval(s) requested for this project:
Fx1 Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
Z 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NWP 18
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete
section VIII and check here: ?
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4),
and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: M
II. Applicant Information
Owner/Applicant Information
Name: Woodlake Investments, LLC
Mailing Address: PO Box 1328
Wrightsville Beach, NC 28480
Telephone Number: 910.279.6359 Fax Number: Not Applicable
E-mail Address: Not Applicable
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Dana Lutheran
Company Affiliation: Southern Environmental Group, Inc.
Mailing Address: 5315 South College Road, Suite E
Wilmington, North Carolina 28412
Telephone Number: 910.452.2711 Fax Number: 910.452.2899
E-mail Address: dlutheran&seg_i.us
Page I of 8
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings
rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a
small scale such that the final version is illegible, the applicant will be informed that the project
has been placed on hold until decipherable maps are provided.
1. Name of project: Woodlake at Lords Creek
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN): R08100-006-001-000
4. Location
County: New Hanover Nearest Town: Wilmington
Subdivision name (include phase/lot number): Woodlake at Lords Creek
Directions to site (include road numbers, landmarks, etc.):
Take River Road South. Watauga will be on the right. Watauga intersects with
Okeechobee Road. The site encompasses the 156.53 acres on the East side of
Okeechobee Road.
5. Site coordinates, if available (UTM or Lat/Long): Approx. N340 1.357' W770 53.982'
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Property size (acres): 156.53 acres
7. Nearest body of water (stream/river/sound/ocean/lake): Cape Fear River
8. River Basin: Cape Fear
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.ne.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application:
The site currently is undeveloped and vegetated. There is residential development
surrounding the project site.
10. Describe the overall project in detail, including the type of equipment to be used:
Page 2 of 8
Heavy machinery including bulldozers and other equipment will be used to fill .096
acres of wetlands to install drainage pipes and roads.
11. Explain the purpose of the proposed work:
The purpose of filling in approximately 0.096 acres ( 4,213 sq. ft.) of waters of the US is
to install drainage pipes, energy dissipater mechanisms, widen existing road and to
construct new road.
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
Action ID # 200300992
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
The property will be developed into a residential subdivision.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
Provide a written description of the proposed impacts:
The placement of fill into waters of the US is necessary to install drainage pipes and
energy dissipater mechanisms for stormwater runoff. A small section of wetlands
will be needed to complete a portion of the parking area and road that runs through
the proposed site. Another section of wetlands will be needed to allow for the
Page 3 of 8
widening of River Road, to compensate for the future influx of traffic. Please see
the Attachment 3 to this application for further details.
2. Individually list wetland impacts below:
Wetland Impact Area of Located within Distance to
Site Number Type of Impact* Impact 100-year Floodplain** Nearest Stream Type of Wetland***
(indicate on map) (acres) (yes/no) (linear feet)
IA Fill .060 NO Not Applicable wet flat
B Fill .013 NO Not Applicable wet flat
2A Fill/Temp Fill .006 NO Not Applicable wet flat
2B Fill .005 NO Not Applicable wet flat
3A Fill .013 NO 160 linear ft. wet flat
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local Floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616,
or online at httt?:/iwww.f'ema.eov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Ray, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only).
List the total acreage (estimated) of all existing wetlands on the property: 43.3± acres
Total area of wetland impact proposed: 0.096 acres ( 4,213.0 square feet )
3. Individually list all intermittent and perennial stream impacts below: Not Applicable.
Stream Impact Length of Average Width Perennial or
Site Number Type of Impact* Impact Stream Name** of Stream Intermittent?
(indicate on map) (linear feet) Before Impact (please specify)
* List each impact separately and identity temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www,uscs.i?ov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.tonozonc.com,
www.ma a uest_com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: Not Applicable.
Page 4 of 8
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds,
Atlantic Ocean and any other water of the U.S.) below:Not Applicable
Open Water Impact Area of Name of Waterbody Type of Waterbody
i
Site Number Type of Impact* Impact (lake, pond, estuary, sound,
(if applicable)
(indicate on map) (acres) bay, ocean, etc.)
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: till, excavation, dredging,
flooding, drainage, bulkheads, etc.
5. Pond Creation Not Applicable
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): Not Applicable
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): Not Applicable
Size of watershed draining to pond: Not Applicable
Expected pond surface area: Not Applicable
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
The proposed fill is necessary to allow construction of roads, parking areas and placement
of drainage pipes on the subject parcel. The project has been designed to avoid and
minimize potential adverse effects to wetland areas. Please see Attachment A for details.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H.0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
Page 5 of 8
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://l12o.enr.state.iic.us/ncNvctlatids/strm?,,idc.Iitml.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
Propose preservation of the remaining wetlands located on site. Language stating this
is included with this application (Attachment 6).
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
[phone] to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP website at littp://h2o.enr.state.nc.us/wrp/index.litm. If use of
the NCWRP is proposed, please check the appropriate box on page three and provide the
following information:
Amount of stream mitigation requested (linear feet):Not applicable.
Amount of buffer mitigation requested (square feet):Not applicable.
Amount of Riparian wetland mitigation requested (acres):Not applicable.
Amount of Non-riparian wetland mitigation requested (acres): Not Applicable
Amount of Coastal wetland mitigation requested (acres):Not applicable.
I. Environmental Documentation (required by DWQ)
Page 6 of 8
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?
Yes ? No
If yes, does the project require preparation of an environmental document pursuant to the
requirements of theNX National or North Carolina Environmental Policy Act
(NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call
the SEPA coordinator at [phone] to review current thresholds for environmental
documentation.
Yes ? No
IX.
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No ?
Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify)?
Yes ? No X? If you answered "yes", provide the following information:
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
Zone* Impact
(square feet)
1
2
Multiplier Required
Mitigation
Total
* Zone 1 extends out 30 feet perpendicular from near bank of channel; 'Lone 2 extends an
additional 20 feet from the edge of Zone 1.
X.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or .0260.
Stormwater (required by DWQ)
Page 7 of 8
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
DWQ Stormwater Certification has been issued. Please see a copy of the certification that
has been attached.
XI. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
Municipal sewer service is available for the subject parcel.
II. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ? No Z
Is this an after-the-fact permit application?
Yes ? No X?
XII. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may choose
to list constraints associated with construction or sequencing that may impose limits on work
schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).

Applicant/Agent's Signature

Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 8 of 8

ATTACHMENT A
Proposed Impacts to Waters of the United States/Waters of the State Attachment
Area Explanation
]A The impacts to wetlands are due to widening of River Road to allow for
future influx of traffic..
I B Impacts are related to widening of River Road to allow for future influx of
traffic.
2A The impacts to wetlands are due to the construction of one of the main
thoroughfares through the subdivision. Without this road, access to home
sites within the subdivision would be impossible. 178 square feet
of this area will be temporary for construction equipment maneuverability.
The remaining 78 sq. ft. will be permanent for placement of the road.
2B In order to adhere to county zoning, there must be adequate parking on site
for the proposed community pool and cabana. The placement of the parking
lot minimizes the impacts of wetlands located near the recreation center.
In a conversation with the designers, it was stated that this area may not be
impacted at all, but in the case that impacts are unavoidable they wanted
to list it.
3A Impacts are related to the stormwater treatment plan required by DWQ.
ATTACHMENT B
Impervious Surface Area(required by DWQ) Attachment
Im ervious* Surface Area I Drainage Area To BMPI
On Site BIdiHgs Per Lot 181,300 sf
On-Site Streets 50,529 sf
On-Site Rec Center (Future) 0 sf
On Site Sidewalks
Pump Station Site
On-Site Future
9,160 sf
- I _
2,836 sf
5,444 sf ?
Drainage Area To BMP2
639,400 sf
239,008 sf
15,858 sf
- --- 31,365 sf
0 sf
- --4,792 sf -- -
Off-Site Impervious 3,050 sf I 14,375 sf
Total. 252,319 (5.79 ac) ,Total 944,798 sf (21.69 ac)
Information obtained from Withers and Ravenel Engineers/Planners/Surveyors

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SECTION LINE, SEE 3A -FIGURE 4 ?
MAR 6 2006
\ DENR - WATER QUALITY
NOTES: WETLANDS AND STORMWATER BRANCH
1. WETLANDS DELINEATED BY SOUTHERN ENVIRONMENTAL
GROUP AND SURVEYED BY HANOVER DESIGN SERVICES, P.A. REVISED OCTOBER 2005
2. EXISTING TOPOGRAPHY TAKEN FROM A SURVEY REVISED JULY 2005
PERFORMED BY TALBOT SURVEYING. DATE: JUNE 2005
3. WETLANDS REVIEWED BY USACE UNDER ACTION ID 50 0 50 100
NO. 2005-00300. ME ;I ii=
Note: See Overall Wetlands Impact Map for Area Location SCALE: 1 50'
WITHFIRS RAVENEL- FIGURE 3 - WETLAND IMPACTS
?R WOODLAKE AT LORDS UREEK
TM414111I I %LANNRRS I SURYRYORM
o . .. ... ...... .... s .,. _.. ,,......... FEDERAL POINT TOWNSHIP NEW HANOVFR COUNTY M-W11-1 CAROLINA
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NOTES: SECTION LINE,
1. WETLANDS DELINEATED BY SOUTHERN ENVIRONMENTAL SEE 2B - FIGURE 4
GROUP AND SURVEYED BY HANOVER DESIGN SERVICES, P.A. REVISED OCTOBER 2005
2. EXISTING TOPOGRAPHY TAKEN FROM A SURVEY REVISED JULY 2005
PERFORMED BY TALBOT SURVEYING. DATE: JUNE 2005
3. WETLANDS REVIEWED BY USACE UNDER ACTION ID 50 0 50 10
NO. 2005-00300.
Note: See Overall Wetlands Impact Map for Area Location SCALE: 1 50'
W1711!-11FR8 R,Avr=mE:1_ FIGURE 2 - WETLAND IMPACTS
WOODLAKE AT LORDS CREf.K
FMOIlI?RRA 1 ?LAMMtRf i SUIMYORS
-
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7.00 WETLAND LIMIT
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6.00 1 ti
E=XISTING GROUND 1 I j
5.00 1 r
4.00
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MAR 6 2V:-
NOTES:
1. WETLANDS DELINEATED BY SOUTHERN ENVIRONMENTAL 2?(??'9ENR
STORM,** Q;-
GROUP AND SURVEYED BY HANOVER DESIGN SERVICES, P.A. REVISED REVISED JULY OCTOBER BER jQEN -WATER
2. 2005 EXISTING TOPOGRAPHY TAKEN FROM A SURVEY DATE: JUNE 2005
PERFORMED BY TALBOT SURVEYING.
3. WETLANDS REVIEWED BY USACE UNDER ACTION ID 30 0 30 60
NO. 2005-00300.
Note: See Figures 1 2 and 3 for X-Section Location. SCALE: 1" = 30'
WITHERS ? RAVEN EL FIGURE 4 -WETLAND IMPACT X-SECTIONS
WOODLAKE AT LORDS CREEK
ENOINERES I PLANNERS I SUMVRVOIes NORTH CAROLINA
M .;,, ,,,,,,.4,,,,, FEDERAL POINT TOWNSHIP NFW HANOVER COUNTY
C ,
STATE OF NORTH CAROLINA
NEW HANOVER COUNTY
CONSERVATION DECLARATION
This DECLARATION of CONSERVATION COVENANTS, CONDITIONS, and
RESTRICTIONS for WOODLAKE SUBDIVISION ("Declaration") is made on this day of
January, 2006, by WOODLAKE INVESTMENTS, LLC ("Declarant"), a North Carolina
limited liability company with a principal place of business in Wilmington, New Hanover
County, North Carolina.
RECITALS & CONSERVATION PURPOSES
A. Declarant is the sole owner in fee simple of the certain Wetlands Conservation Area
(Wetlands Conservation Area) being approximately 7.741 acres, more particularly described on a
map entitled "Conservation Area Map" dated January 2006 for Woodlake Developers, LLC
attached hereto as Exhibit A and incorporated herein by this reference; and
B. The purpose of this Conservation Declaration is to maintain wetland and/or riparian
resources and other natural values of the Wetlands Conservation Area, and prevent the use or
development of the Wetlands Conservation Area for any purpose or in any manner that would
conflict with the maintenance of the Wetlands Conservation Area in its natural condition. The
preservation of the Wetlands Conservation Area in its natural condition is a condition of
Department of the Army permit Action ID 200500300 issued by the Wilmington District Corps
of Engineers (Corps), required to mitigate for unavoidable impacts to waters of the United States
authorized by that permit, and this Conservation Declaration may therefore be enforced by the
United States of America.
NOW, THEREFORE the Declarant hereby unconditionally and irrevocably declares that the
Wetlands Conservation Area shall be held and subject to the following restrictions, covenants
and conditions as set out herein, to run with the subject real property and be binding on all
parties that have or shall have any right, title, or interest in said property.
Any activity on, or use of, the Wetlands Conservation Area inconsistent with the purposes of this
Conservation Declaration is prohibited. The Wetlands Conservation Area shall be maintained in
its natural, scenic, and open condition and restricted from any development or use that would
impair or interfere with the conservation purposes of this Conservation Declaration set forth
above. Without limiting the generality of the foregoing, the following activities and uses are
expressly prohibited or restricted.
A. Disturbance of Natural Features. Any change disturbance, alteration or impairment of
the natural features of the Wetlands Conservation Area or any introduction of non-native plants
and/or animal species is prohibited.
B. Construction. There shall be no constructing or placing of any building, mobile
home, asphalt or concrete pavement, billboard or other advertising display, antenna, utility pole,
tower, conduit, line, pier, landing, dock or any other temporary or permanent structure or facility
on or above the Wetlands Conservation Area.
C. Industrial, Commercial and Residential Use. Industrial, residential and/or commercial
activities, including any right of passage for such purposes are prohibited.
D. Agricultural, Grazing and Horticultural Use. Agricultural, grazing, animal husbandry,
and horticultural use of the Wetlands Conservation Area are prohibited.
E. Vegetation. There shall be no removal, burning, destruction, harming, cutting or
mowing of trees, shrubs, or other vegetation on the Wetlands Conservation Area.
F. Roads and Trails. There shall be no construction of roads, trails or walkways on the
Wetlands Conservation Area.
G. Signage_No signs shall be permitted on or over the Wetlands Conservation Area,
except the posting of no trespassing signs, signs identifying the conservation values of the
Wetlands Conservation Area, signs giving directions or proscribing rules and regulations for the
use of the Wetlands Conservation Area and/or signs identifying the Grantor as owner of the
Wetlands Conservation Area.
H. Dumping or Storage. Dumping or storage of soil, trash, ashes, garbage, waste,
abandoned vehicles, appliances, machinery or hazardous substances, or toxic or hazardous waste,
or any placement of underground or aboveground storage tanks or other materials on the
Wetlands Conservation Area is prohibited.
1. Excavation, Dredging or Mineral Use. There shall be no grading, filling, excavation,
dredging, mining or drilling; no removal of topsoil, sand, gravel, rock, peat, minerals or other
materials, and no change in the topography of the land in any manner on the Wetlands
Conservation Area, except to restore natural topography or drainage patterns.
J. Water Quality and Drainage Pattern. There shall be no diking, draining, dredging,
channeling, filling, leveling, pumping, impounding or related activities, or altering or tampering
with water control structures or devices, or disruption or alteration of the restored, enhanced, or
created drainage patterns. In addition, diverting or causing or permitting the diversion of surface
or underground water into, within or
out of the easement area by any means, removal of wetlands, polluting or discharging
into waters, springs, seeps, or wetlands, or use of pesticide or biocides is prohibited.
K. Development Rights. No development rights that have been encumbered or
extinguished by this Conservation Declaration shall be transferred pursuant to a transferable
development rights scheme or cluster development arrangement or otherwise.
L. Vehicles. The operation of mechanized vehicles, including, but not limited to,
motorcycles, dirt bikes, all-terrain vehicles, cars and trucks is prohibited.
M. Other Prohibitions. Any other use of, or activity on, the Wetlands Conservation Area
which is or may become inconsistent with the purposes of this grant, the preservation of the
Wetlands Conservation Area substantially in its natural condition, or the protection of its
environmental systems, is prohibited.
ARTICLE II. ENFORCEMENT & REMEDIES
A. This Declaration is intended to ensure continued compliance with the mitigation
condition of authorizations issued by the United States of America, U.S. Army Corps of
Engineers, Wilmington District, and therefore may be enforced by the United States of America.
This covenant is to run with the land and shall be binding on all parties and all persons claiming
under the Declarant.
B. Corps, its employees and agents and its successors and assigns, have the right, with
reasonable notice, to enter the Wetlands Conservation Area at reasonable times for the purpose
of inspecting the Wetlands Conservation Area to determine whether the Declarant, Declarant's
representatives, or assigns are complying with the terms, conditions and restrictions of this
Conservation Declaration.
C. Nothing contained in this Conservation Declaration shall be construed to entitle Corps
to bring any action against Declarant for any injury or change in the Conservation Property
caused by third parties, resulting from causes beyond the Declarant's control, including, without
limitation, fire, flood, storm, and earth movement, or from any prudent action taken in good faith
by the Declarant under emergency conditions to prevent, abate, or mitigate significant injury to
life, damage to Wetlands Conservation Area or harm to the Wetlands Conservation Area
resulting from such causes.
ARTICLE III. PUBLIC ACCESS
A. This Conservation Declaration does not convey to the public the right to enter the
Wetlands Conservation Area for any purpose whatsoever.
ARTICLE IV. DOCUMENTATION AND TITLE
A. Conservation Property Condition. The Declarant represents and acknowledges that the
Wetlands Conservation Area is currently undeveloped land, with no improvements other than
any existing utility lines, Declarations and rights of way.
B. Title. The Declarant covenants and represents that the Declarant is the sole owner and
is seized of the Wetlands Conservation Area in fee simple and has good right to make the herein
Declaration; that there is legal access to the Wetlands Conservation Area, that the Wetlands
Conservation Area is free and clear of any and all encumbrances, except Declarations of record.
ARTICLE V. MISCELLANEOUS
A. Conservation Purpose.
(1) Declarant, for itself, its successors and assigns, agrees that this Wetlands
Conservation Area shall be held exclusively for conservation purposes.
B. Entire Agreement. This instrument sets forth the entire agreement of the parties with
respect to the Conservation Declaration and supersedes all prior discussions, negotiations,
understandings or agreements relating to the Conservation Declaration. If any provision is found
to be invalid, the remainder of the provisions of this Conservation Declaration, and the
application of such provision to persons or circumstances other than those as to which it is found
to be invalid, shall not be affected thereby.
C. Recording. Declarant shall record this instrument and any amendment hereto in timely
fashion in the official records of New Hanover County, North Carolina, and may re-record it at
any time as may be required to preserve its rights.
D. Environmental Condition of Conservation Property. The Declarant warrants and
represents that to the best of its knowledge after appropriate inquiry and investigation: (a) the
Wetlands Conservation Area described herein is and at all times hereafter will continue to be in
full compliance with all federal, state and local environmental laws and regulations, and (b) as of
the date hereof there are no hazardous materials, substances, wastes, or environmentally
regulated substances (including, without limitation, any materials containing asbestos) located
on, in or under the Wetlands Conservation Area or used in connection therewith, and that there is
no environmental condition existing on the Wetlands Conservation Area that may prohibit or
impede use of the Wetlands Conservation Area for the purposes set forth in the Recitals.
IN WITNESS WHEREOF, Declarant has hereunto set his hand and seal, the day and year
first above written.
WOODLAKE INVESTMENTS, LCC
By: (SEAL)
Michael J. Rokoski, Member/Manager
BY: (SEAL)
Franklin R. Williams, Member/Manager
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
I, Alan M. Solana, a Notary Public of the State and County aforesaid,
hereby certify that Michael J. Rokoski and Franklin R. Williams,
Member/Managers of Woodlake Investments, LLC, a North Carolina limited
liability company, personally appeared before me this day and acknowledged the
due execution of the foregoing instrument on behalf of said limited liability
company.
2006.
Witness my hand and official notarial seal this the day of January,
My Commission Expires:
May 30, 2009
Notary Public
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BUBBLING
CREEK DR.
?c
OF WATF9 Michael F. Easley, Governor
?Ot ?G William G. Ross, Jr., Secretary
co North Carolina Department of Environment and Natural Resources
p ?c Alan W. Klimek, P.E. Director
Division of Water Quality
August 5, 2005
T!DP-c 1 D
CERTIFIED MAIL: 7004 1160 0004 4620 3174
RETURN RECEIPT REQUESTED
Judia Sanders
Woodlake Developers, LLC
Y.O. Box 1328
Wrightsville Beach, NC 28480
Subject: 401 Water Quality GC 0402
Woodlake at Lord's Creek Subdivision
DWQ Project # 05 1263
New Hanover County
Dear Mrs. Sanders:
The Wilmington Regional Office received your copy of the 404 Application for impacts to 0.08
acres of jurisdictional wetlands associated with the construction of drainage pipes, energy dissipaters and
construction of a road on the 156.53 acres off River Road, in Wilmington, New Hanover County. After
the 404 permit is issued by the Corps of Engineers, you are authorized to proceed under General Water
Quality Certification # 3402 (attached). Written concurrence from DWQ is not required provided that
you can meet all of the conditions of this certification.
If at anytime during construction of your project you determine that you cannot meet these
conditions or if there are any unpermitted impacts to wetlands or water quality, you must contact this
office immediately.
If the Corps of Engineers does NOT issue a Nationwide 18 for this project (USACE letter dated
7/19/05), you must resubmit a revised application (pay any fees if applicable) to Ian McMillian of the
DWQ Central Office at 401 Wetlands Oversite Unit, 2321 Crabtree Blvd., Raleigh, NC 27604-2260.
Please include a letter referencing the DWQ project number and any additional information for a
complete project. If you have any questions concerning this matter, please do not hesitate to call me at
(910)-796-7215.
Sierely, C_.J
/Joanne Steenhuis
! Environmental Specialist III
cc: Dana Lutheran - Southern Environmental Group, Inc.
Ian McMillian - Wetlands Unit
Jennifer Frye - US Army Corps of Engineers
WiRO
North Carolina Division of Water Duality 127 Cardinal Drive Extension Phone [phone] Customer Service 1-877623-6748
Wilmington Regional Office Wilmington, NC 28405-3845 FAX [phone] Internet: h2o.enr.state.nc.us AT?ne,

m tsompiete items i, z, ana s. Hiso compime
item 4 if Restricted Delivery is desired.
¦ Print your name and address on the reverse
< so that we can return the card to you.
¦•Attach this card to the back of the mailplece,
i, or on the front if space permits.
5 1. Article Addressed to:
Woodlake Investments LLC
` P.O. Box 1328
Wrightsville Beach,NC 28480
DWQ# 05-1263-New Hanover
County
a A. Sign re
X (Agent
Addressee
Ived by (Printed Name) C. Date of Delivery
D. Is delivery addiesQ rent from item 1? E3 Yes
If y ?t>xw dellvely??as below: ? No
I ?
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3.S..- 1V`t
19 Cert ail?? 'Express (c)all
? Registered Return Receipt for Merchandise '
? Insured Mall ?????? C.O.D.
4. Restricted Delivery? (Extra Fee) ? Yes
j
2. Article Number
(1hansfer from service l 7 0 0 5 1160 0,000 9954 5149 PS Form 3811, February 2004 Domestic Return Rece p 1o2595-m-M-154o
UNITED STATES POSTAL SERVICE
LISPS
• Sender: Please print your name, address, and ZIP+4 in this box •
NC DENR Division of Water Quality
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2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604
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Permit No. G-10
c.va 1